Why Employers need to keep Adequate Records
1 min read
Feb 12, 2013
Here is a pattern that tends to repeat itself often in employment litigation. A disgruntled employee sues an employer for discrimination, harassment, or wrongful termination. A lawsuit is filed. And then, the attorney who files the suit includes wage and hour claims — i.e., the non-payment of overtime, meal and rest breaks. The employee may also include a claim based on the failure to reimburse the employee for expenses incurred in the course of his or her employment.
Why do these causes of action almost invariably get thrown in? For two reasons.
- The law puts the burden on the employer to keep accurate records. If the employer’s records of compliance with wage and hour laws are inadequate or are missing, in litigation the employee may be able to meet their burden of proof in wage actions simply with testimony showing that they have in fact performed work for which they have not been compensated. Further, employers can be subject to civil penalties for failure to keep adequate records.
- An employee may obtain reasonable attorney fees in a successful wage and hour claim or for reimbursement of expenses. A relatively small error in payment of wages can result in tens of thousands, sometimes hundreds of thousands, in attorney fees.
In sum, employers need to make sure they are in compliance with the Federal and California laws governing the keeping of employment records. A lawsuit that begins as a discrimination or wrongful termination case may quickly evolve into a situation where the employer has the burden of proving its compliance with California and Federal compensation laws.
For more information on ensuring that you are in compliance with California and Federal compensation laws, please contact Michael Newman.
Featured Insights

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case

Press Release
Aug 21, 2025
102 Hinshaw Lawyers Recognized in 2026 Editions of The Best Lawyers in America® and Ones to Watch™




