If your employer does not keep records related to wages, that does not prevent you from asserting your rights. The Supreme Court has explicitly stated that the “remedial nature” of the FLSA and “the great public policy which it embodies” must permit an employee to prove their case, even when an employer failed to keep records because employers have the “duty” under federal law “to keep proper records” and are the ones “in position to know and to produce the most probative facts” Anderson v.

Often, workers we talk to are under the mistaken impression that this unfortunate reality-that their employer did not keep records-means they cannot sue for unpaid wages. Plaintiff’s allegations suggest that Dragon City may not have kept records of the hours he worked, the money he was paid, and the expenses he incurred for the company’s benefit. Specifically, the delivery driver alleges that he was only paid $5 for every six deliveries he completed, resulting in an extreme violation of wage laws. One of the restaurant’s former delivery drivers has filed a lawsuit in federal Court alleging that the company completely failed to pay him minimum wage, failed to pay him overtime, and failed to reimburse his work-related vehicle expenses.

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