How to Prove Your Case:
Federal law requires your employer (not you) to keep accurate records of the time you work and the pay you receive, including overtime wages.
Accordingly, you are not required to maintain copies of your time cards or pay stubs. Obviously, if you have these documents, that will assist us in proving your claim. Similarly, if you have a copy of your “server report” or “closing report” that will help. But they are not required.
In order to prove a tip pool violation and/or overtime wage violation, all that we really need to see is a copy of one of your pay stubs (if you have one) to show the hourly wage (or overtime wage) you were paid. That’s it.
The burden then shifts to your employer to prove that they complied with the wage laws.
I have helped thousands of workers prove their entitlement to both minimum and overtime wages based solely on their testimony or recollection of how much they worked, so do not be concerned that you are unable to locate these records.
If you believe that your employer requires you to share your tips in violation of the tip pool laws, makes improper deductions from your wages, or fails to pay you appropriate overtime wages, call 877.TIP.POOL now for a free and confidential consult. Or submit a confidential claim now. I will personally contact you.