Proof of Overtime Hours Worked in California: Employer Recordkeeping and Liability
Introduction
California law requires employers to keep accurate payroll records detailing hours worked and wages paid. When a business fails to track overtime hours as required, courts place the consequences of uncertainty on the employer, not the employee. Labor Code § 1174(d).
Legal Standard: Employee’s Right to Reasonable Estimate
If an employer doesn’t keep or produce proper time records for overtime:
The employee can prove the number of overtime hours worked by making a reasonable estimate, even if the evidence is imprecise or based on memory.
The employer then has the burden to show the estimate is unreasonable or to provide contrary evidence.
Damages can be awarded based on approximations if the employer’s records are lacking.
Furry v. East Bay Publishing, LLC, 30 Cal.App.5th 1072, 1079–81 (2018); Hernandez v. Mendoza, 199 Cal.App.3d 721, 727–28 (1988).
Practical Implications for Employers
State law puts the duty on employers, not employees, to maintain full and accurate records of all hours worked and wages paid.
Where records are missing or incomplete, courts will adopt the employee’s reasonable estimates unless convincingly rebutted.
A fixed salary does not, unless clearly agreed, satisfy separate overtime pay requirements.
Practical Guidance for California Employers
Employers should:
Maintain thorough, up-to-date payroll and time records for all nonexempt employees.
Carefully document each employee’s start/end times, breaks, and overtime.
Promptly investigate and respond to claims of unpaid overtime—address possible recordkeeping gaps to mitigate risk.
Never rely on memory, after-the-fact reconstruction, or blanket wage agreements to defend against overtime claims.
Bottom Line
Failure to keep detailed time records for nonexempt employees shifts the risk of imprecision and burden of proof onto the employer in overtime pay disputes. Good recordkeeping is an employer’s strongest defense against costly wage and hour claims.
Citations
Labor Code §§ 1174(d), 1194(a); Furry v. East Bay Publishing, LLC, 30 Cal.App.5th 1072, 1079–81 (2018); Hernandez v. Mendoza, 199 Cal.App.3d 721, 727–28 (1988).
