A day’s work consists of eight hours. Beyond that, we know that we are entitled to overtime. For those that for some reason or another didn’t receive overtime pay, they filed suits for the recovery of the same.
Doing and proving the same is hard. Even if there was clear violation, i.e. that overtime pay due an employee was not given; the hard part still comes when it comes to quantifying the damages. That is, really, how many hours do the employee worked beyond the regular working hours or shift?
There are hardships due to the following:
• The records of the employer are incomplete or most probably inaccurate
• The employee cannot provide secondary materials and/or documents supporting the supposed overtime record
• There were no “convincing substitute”
When this happens, an employee, by simply producing evidence sufficient to deduced a just and reasonable inference as regards the extent of the overtime work, would suffice to constitute satisfaction of the burden imposed by law to the employee, in an action for the recovery of overtime pay.
However, as if to adapt to the change of time, a new modern way of getting proof or evidence has emerged. That is, the use of GPS. An article from Law Technology News has expounded on the same.
“Geopositioning will aid civil cases, too. The day is not long off when we will be able to place price fixers or cheating spouses in the same room, or calculate the speed, path and braking action of colliding drivers. We'll gauge exposure to environmental toxins, challenge a witness' ability to observe, calculate wage and hour abuses, prove an employee was asleep at the switch and precisely determine a claimant's proximity to an explosion”
With the use of GPS in employees’ mobile phones, it could now be easily determined the employees’ location and for how long, really, has he been working. This might be especially helpful in overtime claims suit – to the employers as well as to the employees.
Doing and proving the same is hard. Even if there was clear violation, i.e. that overtime pay due an employee was not given; the hard part still comes when it comes to quantifying the damages. That is, really, how many hours do the employee worked beyond the regular working hours or shift?
There are hardships due to the following:
• The records of the employer are incomplete or most probably inaccurate
• The employee cannot provide secondary materials and/or documents supporting the supposed overtime record
• There were no “convincing substitute”
When this happens, an employee, by simply producing evidence sufficient to deduced a just and reasonable inference as regards the extent of the overtime work, would suffice to constitute satisfaction of the burden imposed by law to the employee, in an action for the recovery of overtime pay.
However, as if to adapt to the change of time, a new modern way of getting proof or evidence has emerged. That is, the use of GPS. An article from Law Technology News has expounded on the same.
“Geopositioning will aid civil cases, too. The day is not long off when we will be able to place price fixers or cheating spouses in the same room, or calculate the speed, path and braking action of colliding drivers. We'll gauge exposure to environmental toxins, challenge a witness' ability to observe, calculate wage and hour abuses, prove an employee was asleep at the switch and precisely determine a claimant's proximity to an explosion”
With the use of GPS in employees’ mobile phones, it could now be easily determined the employees’ location and for how long, really, has he been working. This might be especially helpful in overtime claims suit – to the employers as well as to the employees.
