Employer Record-Keeping Violations

If They Didn’t Track Your Hours That’s on Them Not You

If your paycheck looks off, but your boss claims everything is fine, don’t be so quick to let it go. Employers in New York have a legal duty to track your hours and document your pay correctly. When they don’t, it’s not your fault, it’s their violation. And if you’re owed wages, inaccurate records don’t cancel that debt.

At Horn Wright, LLP, we’ve seen how sloppy or missing records often point to much deeper wage issues. Our employment law attorneys understand how record-keeping failures affect your ability to recover unpaid wages. We know how to build cases even when employers try to hide or destroy the truth. 

The Fair Labor Standards Act (FLSA) and New York Labor Law §195 require employers to track hours worked, rates of pay, and any deductions made from wages. That includes:

• When you started and ended each shift
• Meal breaks taken
• Total hours worked per day and week

If your employer failed to document that, they may have violated more than just a payroll rule. They could also be exposed to penalties, back pay, and even liquidated damages. 

What Records Employers Are Required to Keep in New York

New York law goes further than federal law when it comes to what employers must track and retain. According to 12 NYCRR Part 142 , employers must:

• Maintain accurate time records for all employees, including exact arrival and departure times
• Provide wage statements with each payday that list hours worked, rates paid, and deductions
• Give a written wage notice when someone is hired, stating rate of pay and schedule

These requirements apply to hourly and salaried workers, including those paid in cash. Failure to keep or provide these records isn’t just a red flag. It’s a direct violation of labor law.

How Inaccurate or Missing Records Affect Wage Claims

Lack of records doesn’t make a claim harder to win. In fact, it often makes your case stronger. Courts in New York and under the FLSA know that workers don’t always have written proof. That’s why the law allows workers to estimate their time when employers fail to do their part.

If you file a wage claim and your employer can’t produce reliable records, the court may rely on:

• Your sworn statement of hours worked
• Notes or calendar entries you made during employment
• Coworker testimony or photos showing your presence on site

Under these conditions, the employer must prove your version of events is wrong. That’s a high bar, and it often shifts leverage in your favor.

Why Timekeeping Failures Often Hide Overtime Violations

One of the most common reasons employers avoid tracking hours properly is to hide unpaid overtime. If you routinely worked more than 40 hours a week, but your pay never reflected it, missing records may not be an accident.

New York Labor Law §190 and the FLSA both require overtime pay at 1.5 times the regular rate after 40 hours in a workweek. When employers "forget" to track work done before or after shifts, during lunch, or off the clock, they’re often trying to erase that extra time.

If your job involved:

• Early prep or cleanup before your shift officially started
• Tasks during breaks or after hours
• Logging in or checking email from home

And none of that time was recorded, you may have a claim for unpaid overtime.

How to Track Your Own Hours to Build a Case

Even if your employer skips recordkeeping, you can still take steps to document your time. You don’t need special tools. Just start building a paper trail that shows when you worked and what you did. Our lawyers can help you.

Here’s how to protect yourself:

• Use a daily journal or notes app to log your hours. Include start and end times, locations, and tasks. Over time, this creates a reliable personal record.
• Save work-related texts, emails, or schedule screenshots. These can show when you were asked to report to work or handle specific responsibilities.
• Ask coworkers to verify your hours when possible. Sworn statements or witness accounts can make a big difference in court.

Your records don’t have to be perfect. They just need to be consistent. The law recognizes that workers often rely on their own notes when employers drop the ball.

Using Gaps in Records to Strengthen Your Claim

Missing timecards or payroll logs aren’t just mistakes. They can become powerful evidence. If your employer can’t produce the required records, that creates legal exposure.

Under NY Labor Law §198 and federal court rulings under the FLSA, gaps in records allow the court to credit your version of events. That means your estimates, notes, or screenshots could serve as the official basis for calculating damages.

The worse your employer’s documentation is, the more flexible courts will be about using your timeline to assess lost wages. In some cases, a lack of records can also increase penalties.

What New York Law Says About Retention Periods

Employers can’t just say, "We threw that out." New York law sets specific retention timelines. According to 12 NYCRR §142-2.6:

• Employers must keep payroll and time records for at least six years
• They must make those records available upon request from the Department of Labor
• Wage notices and wage statements must also be kept for the full six-year period

This six-year rule gives workers a generous window to file complaints. If an employer claims records were lost or deleted before then, that alone could signal a violation.

How New York’s Record-Keeping Requirements Differ from Vermont’s

While both states enforce recordkeeping, New York demands more. In Vermont, the basic requirement under 21 V.S.A. §395 is that employers keep records of hours worked and wages paid for two years. New York requires six.

New York also mandates more details, including wage notices and itemized statements. Vermont is less specific. That means if you worked in both states, or for a company that operates in both, your rights in New York are likely stronger.

In disputes, New York law places more responsibility on the employer to explain missing information and face penalties if their records are incomplete.

Penalties Employers Face for Failing to Maintain Accurate Records

Failing to track hours and wages properly isn’t just bad management. It carries real consequences under the law. New York Labor Law §198 outlines steep penalties for employers who ignore recordkeeping rules.

Penalties can include:

• Back wages and liquidated damages up to 100% of the unpaid amount
• Statutory penalties for failure to provide wage notices or statements, sometimes up to $5,000 per worker
• Interest and attorneys’ fees, plus potential civil fines from the NYSDOL

If the violations are widespread or intentional, employers can also face criminal charges. That’s why poor records don’t excuse underpayment. They often prove it.

Horn Wright, LLP, Builds Strong Wage Claims Even When Records Are Missing

Just because your employer didn’t track your hours doesn’t mean you can’t recover what you earned. At Horn Wright, LLP, our employment law attorneys know how to turn messy or missing records into a strong case. If you want to work with a legal team that knows how to hold employers accountable, we’re here to help you build your case.