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The Importance of Employee Recordkeeping

Former Secretary medical practice, but even the accurate records commands a presump- each workweek, which includes the time
of Defense, Donald physician’s own personal tion of truthfulness of those records, in and time out and any bona-fide break
Rums feld, once said, finances. That is because which can be negated only by evidence for which a deduction is made;
“Simply because you employers are often defined of inaccuracy. If a claimant is unable to • total workweek straight-time earn-
do not have evidence by employment statutes to demonstrate the inaccuracy of the ings;
that something exists include, individually, those records, those claims often result in • total workweek overtime-time earn-
does not mean that responsible for employment- summary judgment decisions in favor of ings, if any;
you have evidence related decisions, regardless of the employer. • regular hourly pay rate;
that it doesn't exist.” the protections afforded by To summarize, when complete and • overtime hourly pay rate, if applica-
Un for tunately for incorporation. accurate records are present, an employ- ble;
employers, not hav- In employee wage litigation, ee has the burden to disprove them; • deductions from or additions to
ing employment rec - the burden of proving dam- however, when records are not present wages;
ords of employees is BY ADI AMIT ages by producing specific evi- or when records are incomplete or inac- • total wages paid each pay period;
often held against dence, is on the employee/ curate, the employer must disprove a • date workweek is commenced; and
employers in Court and may be suffi- claimant. That means that the employee claimant’s claim. Given this dramatic • date of payment and pay period cov-
cient “proof” of violation of the wage has to prove his or her claim. Employees discrepancy in burdens, it is clear that the ered.
and hour laws. must be able to demonstrate, precisely, best way to prepare for, and prevail Record keeping as an employer is
Many physicians treat their practices how many hours they worked, and against employee wage claims is by hav- important not only to comply with over-
as family businesses – they trust that the exactly what damages they are owed. ing complete and precise records of the time requirements but also Department
employees whom they treat fairly, would However, when employee records are employee’s terms of employment. of Labor regulations. Hour and Wage
not turn against them at the first oppor- incomplete, the U.S. Department of What records are required? The records can also assist in defending
tune moment, such as following a layoff Labor regulations and controlling case Department of Labor requires employers against an FLSA overtime claim. Record
or an office dispute. This results in neg- law relax the burden placed on the to keep records on each employee’s hours keeping does vary among different
lect, failure to keep records, or keeping employee and allow a presumption of and wages as well as other information employees particularly if they are
imprecise employee records, which, truth in favor of a claimant’s testimony that is regulated by the Department of exempt salaried employees like man-
oddly, stands in complete contrast with even if it is completely unsupported by Labor. While there should be documenta- agers.
the manner in which physicians are any additional evidence. tion of this required information, there is
trained to practice medicine – by keep- The burden, then, turns to the no requirement that employers keep a For particular questions regarding your
ing exact records of all medical transac- employer to rebut the presumption time clock. It is important that employers specific situation and to ensure compliance
tions. While somewhat understandable, through records (which do not exist) maintain the following records: with regulations, please contact Adi Amit,
the habit of not keeping precise and and often results in jury verdicts in • personal and basic information about Partner at Lubell Rosen, at
complete records potentially jeopardizes favor of the employees/claimants. the employee like address and birthdate; (954) 880-9500 or
not only the financial well-being of the Conversely, keeping complete and • total hours worked each workday and Adi@lubellrosen.com.

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South Florida Hospital News southfloridahospitalnews.com November 2017 3