You know that evidence and documentation are essential to the success of any claim. If you have suffered wage theft, you will need to provide paystubs and other supporting documentation.
Payroll records play an important role in any employment claim, so you will need to hold on to your payroll records to ensure that you have evidence should you need to pursue a claim.
While you should keep records, your employer is required by law to maintain them.
Should a claim arise or some situation where payroll is questioned, your employer must produce the records. If they cannot provide the detailed payroll documentation, they could face harsh penalties and fines. There are laws that require employers to maintain such files.
How Long Are Employers Required To Keep The Records?
The Fair Labor Standards Act (FLSA) requires that all payroll and employment records be kept for three years. This means your payroll records and timecards must be kept for at least three years as well.
That way if there are any questions or concerns, the documentation is available for review. The laws are precise in detailing what records are considered as essential to payroll and employment.
Your employer is required to maintain these detailed documents for a minimum of three years.
Payroll records are documents related to the employees that include the names, addresses, and Social Security numbers for all employees, workweek information – including start and end dates, hours worked each day and totals for the week, how the employee is paid – salaried or hourly, pay rate, overtime earnings, additions to or deductions from paychecks, total wages paid each pay period, payment dates, pay periods, W-2s, W-3s, W-4s, W-5s, forms 941 or 944, records of benefits.
If there are travel vouchers for employee reimbursements or mileage logs, those should be kept as well. If there are accusations of wage theft, discrimination, or if there is an audit all these documents must be available for review by the proper entities.
While payroll and employment records must be kept a minimum of three years, records pertaining to employment taxes must be kept for at least four years after the fourth quarter has been filed for the year.
What To Do If Your Employer Does Not Have The Records
If your employer doesn’t have your payroll and employment records, you should gather up your own hours and payroll records. Evidence and supporting documentation are essential to the success of your claim against your employer.
You need to provide records to show that you suffered wage theft or if you did not receive the proper pay and benefits. You should maintain a file and keep all work-related correspondence from the time you start the job.
You should keep timecards, document breaks and time off work, and keep paystubs. You should keep your employee handbook and your employment contract. Keep any memos, texts, emails, and other documents that pertain to your job and your pay.
Without the supporting documentation to show what happened and how much you are owed, you cannot have a successful claim against your employer.
Statements from witnesses and similar situations faced by coworkers or former employees can also help support your claim against your employer.
Speak With An Attorney
If you have suffered wage theft, discrimination, or harassment in the workplace, you should speak with an employment law attorney who handles such cases in your area.
An attorney can be helpful by knowing the laws that apply to your situation and to the area in which you work and live. Your lawyer will work to help gather evidence and supporting documentation.
Your attorney will work with your company’s human resources department to try to resolve the issue. If the issue is not resolved, your attorney will work to build a claim and will represent you in court.
Your lawyer will gather the documentation that is needed to prove what happened and how much you are owed by your employer. An attorney will have the skills, experience, and know-how needed to get your claim on track and to ensure that you are treated fairly throughout the claims process.
When you talk with the lawyer, discuss their payment options. Some attorneys require a payment to be made in advance while others take cases on a contingency basis, which means that they are not paid until you win your claim.
You do have a limited time for pursuing a claim, so complete the free case evaluation form to share your details with an attorney who handles employment law claims in your area.
