Evidence Required in Overtime Claims

Strong Evidence Is the Backbone of Any Overtime Case

Overtime claims aren’t about hunches or gut feelings. They’re about building a case that can stand in front of a judge, an arbitrator, or even just an employer’s attorney and hold up under pressure. And that case starts and ends with evidence. Without it, even the most dedicated worker risks being told their word alone isn’t enough.

Think about how many hours go unnoticed. Staying late to clean, clocking out before finishing prep, answering emails from home, or being on call all weekend, it adds up. But employers rarely admit to overtime violations outright. They argue workers exaggerated, claim that time wasn’t authorized, or insist the paychecks are correct. That’s why proof becomes the great equalizer.

At Horn Wright, LLP, our employment law attorneys spend as much time gathering, preserving, and presenting evidence as they do negotiating. We know that evidence doesn’t just show hours worked. It shows patterns, exposes misclassification schemes, and connects the dots between employer actions and unpaid wages.

Pay Stubs, Timecards, and Scheduling Records

Employer-issued documents form the foundation of many overtime cases.

• Pay stubs. While they look straightforward, they reveal inconsistencies. If you see a flat paycheck each week despite wildly different hours, it may be a sign of overtime suppression.
• Timecards. These can be physical punch cards or electronic records. They don’t just track time, they also reveal suspicious editing. A missing half-hour here or a sudden “rounding” of hours there can suggest manipulation.
• Schedules. Weekly rosters are another piece of the puzzle. They show what shifts were expected, which can be compared against actual hours and wages.

One of the biggest red flags found in these records is misclassification and overtime pay violations. Employers sometimes label workers “exempt” to avoid paying overtime, even when the job doesn’t meet the criteria. By comparing pay, duties, and schedules, attorneys can expose misclassification as a cover for unpaid hours. These records become proof that the employer knew workers weren’t exempt, but failed to pay them correctly anyway.

Witness Testimony From Co-Workers

Not all evidence is written. Some of the most persuasive proof comes from the people who saw the work happening.

Co-workers often step forward to confirm the truth. They know who stayed after hours, who logged extra shifts, and who was regularly told to clock out before the work was done. In overtime disputes involving restaurants, retail shops, or warehouses, testimony often reveals that violations weren’t isolated, they were systemic.

This testimony is also crucial for identifying overtime violations that never make it into the records. Workers remember being told not to log cleanup time, or being pressured to answer phones while off the clock. Even if the employer deletes or “forgets” records, testimony preserves the reality of what happened.

The power of testimony lies in its humanity. It’s not just numbers on a page. It’s a co-worker describing the exhaustion of unpaid closing shifts or the frustration of seeing colleagues treated the same way. Judges and juries connect with that lived experience.

Digital Records That Prove Hours Worked

In modern workplaces, digital records are everywhere, and they often tell a story employers wish they could hide.

• Emails and chats. Time stamps on late-night or early-morning messages prove employees were still working.
• Security logs. Badge swipes and entry systems record when workers entered or left buildings.
• Work platforms. Project management software, call logs, and log-ins show how long employees were active.

This digital footprint is especially powerful when establishing employer liability for overtime violations. If managers demanded after-hours emails, required digital check-ins, or praised workers for “going above and beyond” outside their regular schedule, employers can’t later claim ignorance. The data proves they knew the work was happening — and benefited from it.

Digital records also carry credibility. Unlike testimony, they’re difficult to dismiss as biased. A time-stamped email or security log speaks for itself, and judges often give these records significant weight.

In New Hampshire, Courts Require Stricter Documentation Than in New York

Where a case is heard makes a difference. New Hampshire courts have a reputation for demanding stricter forms of documentation. Workers often need precise, contemporaneous records, such as unaltered timesheets or detailed logs, before a claim moves forward. That makes it harder for employees who only have partial evidence.

By contrast, New York recognizes the imbalance between employers and employees. When employers fail to maintain accurate records, courts allow employees to reconstruct hours using testimony, estimates, or circumstantial proof. This creates a fairer playing field.

The difference is stark: a case dismissed in New Hampshire for “lack of documentation” might succeed in New York with the same set of evidence. That’s why venue choice matters so much in overtime disputes.

How to Preserve Evidence Safely

Evidence is fragile. Employers sometimes delete digital records, cut off access to scheduling systems, or “lose” paper records when workers raise complaints. That’s why preservation is just as important as gathering.

• Save personal copies. Download pay stubs, screenshots, or emails to a secure personal device. Don’t rely on continued access after leaving a job.
• Back up digital records. Store important files in multiple safe locations. Cloud storage, external hard drives, or even printed copies can protect against loss.
• Keep a personal log. A simple notebook or spreadsheet documenting dates, start and end times, and tasks performed carries surprising weight in court.

Preservation also speeds the process of filing an overtime pay claim. Submitting an organized packet of proof strengthens negotiations and demonstrates seriousness. Employers are more likely to settle quickly when faced with undeniable evidence that’s been carefully preserved.

Why Missing Records Do Not Always End a Case

Workers often panic when they realize they don’t have every pay stub, timesheet, or schedule. It’s a common fear: “Without paperwork, how can I prove anything?” The answer is that missing records do not automatically end a case.

Courts understand that employers hold most of the documentation. If those records are incomplete, the burden shouldn’t fall entirely on the worker. Judges allow employees to rely on testimony, estimates, and circumstantial evidence when employers failed to keep proper records.

This is also where calculating unpaid overtime damages becomes key. Attorneys reconstruct workweeks using a combination of worker statements, industry norms, sales data, and co-worker testimony. Even when records are thin, consistent estimates can form the basis for significant awards. Employers who shirked their duty to maintain records can’t later hide behind that very failure.

Horn Wright, LLP, Helps You Build Rock-Solid Evidence

Evidence is the heart of every overtime case. It’s what separates dismissed claims from victories, and skepticism from justice. But evidence can be overwhelming to gather, and intimidating to present. That’s where Horn Wright, LLP, steps in.

Our employment law attorneys take scattered proof, a few stubs, an email trail, the word of a co-worker, and turn it into a compelling case. We connect the dots, calculate damages, and highlight employer misconduct in a way that courts respect. Survivors of wage theft shouldn’t have to fight this battle alone, or worry that missing documents will erase their chance at recovery.

If you’re ready to work with a nationally recognized firm that knows how to transform evidence into compensation, Horn Wright, LLP, will help you gather proof, preserve it safely, and pursue every dollar you’ve earned.