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Detailed Answer

Under South Dakota law, employees may recover unpaid wages under SDCL 60-11-17, and employers must keep payroll and work-time records for at least three years per SDCL 60-11-9. When your employer has missing hours or pay-rate records, follow these steps to calculate and support your lost-wage claim:

1. Collect alternative documentation. Gather bank statements, paystubs, direct deposit summaries, and IRS Forms W-2 or 1099. These records help estimate total earnings and hours worked.
2. Seek witness statements. Ask coworkers or supervisors for written affidavits confirming your typical schedule and pay rate.
3. Reconstruct hours and pay rate. Use any available timesheets, work calendars, email logs, or digital punch-in records. Multiply your estimated hours by your known or market pay rate. If your rate changed, break the calculation into distinct time periods.
4. Use Department of Labor guidelines. Reference the federal Fair Labor Standards Act recordkeeping requirements (FLSA recordkeeping) to justify your reconstruction method.
5. Document your calculation. Create a clear spreadsheet or table showing each pay period, estimated hours, pay rate, and total wages claimed.
6. File a wage claim. Submit your claim with the South Dakota Department of Labor and Regulation at dlr.sd.gov. If needed, you can pursue a civil action under SDCL 60-11-17 to recover unpaid wages plus interest and attorney fees.

By combining multiple evidence sources and a detailed calculation, you strengthen your lost-wage claim even when your employer’s own records are unavailable.

Helpful Hints

• Keep copies of all correspondence with your employer regarding missing records.
• Start a contemporaneous work log as soon as you identify missing data.
• Use public records or FOIA requests if your employer is a government entity.
• Consider small-claims court for disputes under $12,000.
• Consult a qualified employment attorney for complex claims or high-value disputes.