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Being California employment attorneys, we often attend calls from distressed employees that have been deprived of a large amount of their rightful compensation. They are worried that they\u2019ll be unable to prove that the amount was really due to them. However they are not aware of the fact that the law stands by people\u2019s right to get the wages they deserve, the burden of proof falling on the EMPLOYER to prove they don’t owe not the other way around.<\/p>\n
Since the early 1900\u2019s the working conditions were very bad and hence new laws were framed to ensure that the employees were not subjected to the vile intentions of the companies. The best thing about this new law was that the onus of clearing the employee\u2019s dues lay with the employer. Hence the employer must keep proper records of the wages paid to the employees.
\nLabor code stands apart from all other types of law. In other statutes the party which brings the claim will have to give proper evidence about the validity of the claim. In simple terms it means that the claimant will have to bear the burden of proof. However this rule does not apply to labor code. In fact, this modification is not quite common. For instance, tax laws also have a rare exception where the taxpayer who is a defendant will have to prove the authenticity and accuracy of the tax returns. On the other hand, the IRS (Claimant in this case) will simply have to state that the taxpayer has not filed the returns accurately. However the IRS doesn’t have to give any proof till the taxpayer has provided all the details which mention that his tax returns have been filed properly.<\/p>\n
The Burden of Proof Falls on the Employer Instead of the Employee<\/strong>
\nAs the employer has to bear the burden of proof, hence he or she has to follow the below mentioned rules:
\nRecord Keeping:<\/strong> It is mandatory for the employer to maintain all the records in detail. The employer should have proper track of the working hours of the employee and the overtime hours as well. In case the employer fails to keep proper track record of the working hours of an employee then the employee\u2019s records shall be considered to be final.
\nWages for Overtime<\/strong>: All employees who put in extra hours are entitled to overtime pay according to the law. The employer has to prove that the employee is not eligible to overtime wages.
\nRight to Recover Attorney\u2019s fees, expenses and the ensuring penalty:<\/strong> In case the employee\u2019s claims have been proved then the employee can recover the entire expenses and the fees of the attorney as well. The employer will also have to pay a penalty and interest to the employee.<\/p>\n