Detailed Answer
When an employer fails to keep accurate records of your hours and pay rate, Vermont law allows you to reconstruct your lost wage claim using reasonable approximations and alternative documentation. Under Vermont’s Wage and Hour Act, 21 V.S.A. § 342, employers must maintain payroll records for at least three years. If those records are missing or incomplete, you may rely on secondary evidence to prove your losses.
1. Understand Vermont’s Recordkeeping Requirements
- 21 V.S.A. § 342(2) requires employers to record hours worked, pay rate, deductions, and pay dates. View statute
- Failure to comply can result in administrative penalties under 21 V.S.A. § 384. View statute
2. Reconstructing Your Wage Records
If your employer’s files are incomplete, gather alternative evidence:
- Pay Stubs and Bank Statements: Use deposit amounts and dates to estimate hours worked by dividing net pay by your usual rate or by comparing to pay periods before record loss.
- Tax Documents: W-2 or 1099 forms show annual earnings. Break these figures into weekly or hourly approximations based on your typical schedule.
- Shift Schedules and Calendars: Use work calendars, emailed schedules, smartphone app logs, or paper calendars to identify dates and hours.
- Co-worker Affidavits: Statements from colleagues verifying your regular hours and duties strengthen your claim.
- Emails, Texts, and Time-tracking Apps: Any timestamped communication or app logs can corroborate start and end times.
3. Calculating Lost Wages
- Determine your average pay rate: Use prior pay stubs or W-2 data to calculate an hourly rate.
- Estimate total hours: Sum reconstructed hours per week or pay period.
- Multiply hours by rate: This yields estimated gross wages due.
- Subtract any amounts already paid: Identify underpayments or missing paychecks.
4. Filing a Claim with the Vermont Department of Labor
Once you compile your evidence, submit a wage claim online or by mail to the Vermont Department of Labor’s Wage and Hour Division. Include your reconstructed calculations, documentation, and a cover letter explaining the missing records. The Department will investigate and may order your employer to pay back wages, interest, and penalties.
Key Statutes:
- 21 V.S.A. § 342 — Employer recordkeeping requirements (link)
- 21 V.S.A. § 384 — Penalties for wage payment violations (link)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Helpful Hints
- Collect bank and deposit records early to avoid gaps.
- Ask co-workers for written statements about your regular schedule.
- Keep copies of every document you submit to the Department.
- Work with a wage-claim specialist or attorney if your employer disputes your evidence.
- File your claim promptly—Vermont law generally gives you two years to pursue unpaid wages.