Detailed Answer
When you need to calculate and support a lost wage claim in Missouri without complete time or pay rate records, start by leveraging state and federal recordkeeping requirements along with indirect evidence. Even if your employer failed to keep accurate payroll data, you can reconstruct your wages and meet your burden of proof.
1. Know the Recordkeeping Rules
Under Missouri law, employers must maintain accurate payroll records. See RSMo. § 290.502. Federally, the Fair Labor Standards Act (FLSA) requires employers to preserve time and wage records. See U.S. Code 29 U.S.C. § 211(c) and implementing regulations at 29 C.F.R. § 516.2.
2. Gather Indirect Evidence
- Pay stubs and W-2s: Even partial records help establish pay rate or hours.
- Bank and credit card statements: Look for deposits matching payroll dates.
- Income tax returns: Use reported income to estimate gross wages.
- Co-worker or supervisor statements: Obtain sworn declarations or affidavits regarding your schedule.
- Personal calendars or logs: Use entries noting start and end times or mileage logs if paid by trip.
3. Reconstruct Your Average Earnings
Use available data to calculate a reasonable estimate. For example, if you have three weeks of complete timecards, determine your average weekly hours and multiply by your pay rate. If overtime applies, use time-and-a-half for hours over 40 in a workweek.
4. Shift the Burden to the Employer
If you present a “just and reasonable inference” of lost wages, Missouri courts and the U.S. Department of Labor shift the burden to the employer to produce contrary evidence. Keep records of your estimates and the sources you used.
5. Calculate Benefits and Deductions
- Sick pay, vacation, commissions: Include lost benefits if the policy or practice permitted you to earn them.
- Deductions: Subtract taxes and withholdings to arrive at net lost wages recoverable.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney to discuss the specifics of your situation.
Helpful Hints
- Request any available records in writing and keep copies of your requests.
- Use consistent methodologies when averaging hours or wages.
- Document all communications with your employer about missing records.
- Gather testimony from co-workers under oath to strengthen your claim.
- Keep a detailed personal log of work hours going forward.
- Consult the Missouri Department of Labor website for guidance on wage claims.