Employer Record‑Keeping Violations & Unpaid Wages

No Records? No Excuse: That’s the Employer’s Problem

If your employer failed to track or preserve time sheets, pay stubs, or wage statements, that failure works in your favor, not theirs. New York law puts the risk of missing documentation on employers. You didn’t lose rights just because records went missing.

At Horn Wright, LLP, our employment law attorneys know employers aren’t allowed to hide behind sloppy record-keeping. If your wage statements were incomplete, or missing entirely, that absence may allow legal tools that shift burdens in your favor. Laws recognize that workers shouldn’t lose out because employers neglected required records.

Lack of records doesn’t mean there’s no claim. It means a different legal dynamic. Under state law, employers must track hours worked, pay rates, and deductions, and provide wage statements. Failing to do so triggers penalties and shifts the burden to them.

When your employer cannot prove how much they paid, or when they paid, you’re still entitled to recover unpaid wages and penalties. That’s New York law protecting the powerless, not the negligent.

What New York Law Requires Employers to Keep on File

Under NY Labor Law § 195(3), employers must provide employees with written wage statements every pay period. These statements must show total hours worked, hourly rate, gross wages, deductions, and employer information. Those records must remain available and accurate.

Employers are required to maintain time records under NYLL § 663(2) and § 661(2), including time of day and day of week each shift begins and ends. If spread-of-hours or minimum wage rules apply, missing logs eliminate safe-harbor arguments.

Federal counterpart under the Fair Labor Standards Act (FLSA, 29 U.S.C. § 211(c), requires accurate records of hours and earnings. Those records help verify minimum wage and overtime compliance. Employers who fail to keep proper records typically lose on key issues in litigation.

If your employer missed any part of that documentation, they’re in violation, and you may be entitled to statutory damages and recovery even without direct pay stubs or time sheets.

How Missing Pay Stubs or Time Logs Can Support Your Claim

When wage statements are missing or incomplete, courts often assume the worst for the employer. Under NYLL § 198(1‑b), there are specific penalties for failure to provide wage statements or keep accurate records. Those penalties range from $50 up to $250 per violation.

Missing statements also shift the burden: employees may prove hours worked by testimony or self-log, and employers must explain missing or incomplete documentation. If unexplainable gaps remain, courts typically award the employee benefit of the doubt.

Courts have held that where employers fail to maintain compliance with record-keeping requirements, their defenses collapse, because they cannot prove hours worked or wages owed. That lack becomes a legal weakness for employers.

Missing documentation becomes opportunity, not obstacle, for your wage claim. Under New York law, the employer’s mess becomes your leverage.

Can You Still Win Your Case Without Records? Absolutely

Yes. Even if you lack pay stubs or time logs, you can still win, especially if your employer has none either. With acceptable documentation from your side (self‑records, scheduling emails, testimonies) you may reconstruct hours worked.

New York’s legal framework shifts the burden to the employer to produce records or explain absence. If those records are inadequate or late, courts often grant claims in your favor, awarding unpaid wages, liquidated damages, and penalties.

Employees often win wage cases based solely on estimates and testimony when employers fail to document accurately. That’s the law’s intention, to prevent employers from benefiting from noncompliance or procedural negligence.

With proper legal representation, even limited records become sufficient to build a successful claim. Lack of employer documentation often means stronger enforcement outcomes.

What the Wage Theft Prevention Act Requires Employers to Do

The Wage Theft Prevention Act (WTPA) expanded record obligations: employers must notify new hires in writing of their rate of pay, overtime status, regular payday, and employer details. That notice must retain employee acknowledgment of receipt.

Employers must also supply annual wage notices to existing employees if terms change (under WTPA), or face separate penalties. These requirements align with wage statements, reinforcing transparency and accountability.

If your employer failed to comply with notice provisions, you may seek civil penalties and wage recovery under NYLL § 198‑a. WTPA penalties include $50 per new hire violation, and $250 per notice violation, not just wage recoveries.

The combined effect, notice duties plus wage statements and records obligations, makes New York a demanding jurisdiction for proper employer compliance. Failing any record requirement enhances your legal advantage.

Penalties Employers Face for Failing to Keep or Provide Records

When employers violate wage statement or record-keeping mandates, they may owe statutory penalties under § 198‑b, separate from wage recovery. These include fines up to $5,000 per employee total for multiple violations over time.

If wage statements are missing or incomplete, affected employees may claim $50–$250 per week of violation. Pay late or fail final payment? Penalties can multiply under NYLL § 191 and § 198(4).

In litigation or administrative claim, record-keeping violations lower the employer’s credibility and may shift presumptions in your favor. That can dramatically improve case strength in court or negotiation.

Employers must prefer compliance, not avoidance. Failing record protocols is costly, and directly benefits your claim.

New York vs. Maine: In New York, Lack of Records Shifts the Burden of Proof to the Employer

New York law shifts the burden of proof to employers the moment they fail to maintain or produce correct records. That means workers don’t always need perfect records to succeed.

In Maine, record-keeping rules are less aggressive. Employers face fewer penalties for missing documentation and claims often demand that the employee provide proof of hours worked. That makes certain cases harder to win.

New York’s presumption rule grants employees benefit of the doubt in wage disputes when employer records are insufficient. That presumption may turn disputed wage amounts into disputed minutiae, but still enforce liability.

If an employer has no records to challenge your account, New York law often resolves in your favor. Maine does not similarly empower claimants in wage controversies involving missing records.

Horn Wright, LLP, Knows How to Build Strong Cases Even Without Employer Documents

You may face limited employer documentation, or none at all, but that doesn’t mean you lose. At Horn Wright, LLP, our trusted employment law attorneys specialize in converting record gaps into legal advantages.

We collect alternate evidence: peer affidavits, self-recorded logs, emails referencing hours, or reimbursement claims. We demonstrate that your version aligns with workplace patterns, scales with pay rates, and complies with legal minimums.

We also pursue penalties under NYLL for notice and record violations. That means recovery includes wage payback, statutory damages, interest, and enforcement remedies, plus accountability for record failure.

Work with a legal team recognized for winning cases where employers never presented records. When employers can’t prove what or when they paid, they face liability. We help you claim justice.