Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
Under New Hampshire law, every employer must keep accurate payroll and time records. See N.H. RSA § 275:31 (recordkeeping requirement) and N.H. RSA § 275:43 (penalty for withholding wages). When hours worked and pay rates are missing, you can still calculate lost wages by reconstructing the evidence.
1. Gather Secondary Evidence
- Bank and Pay Statements: Review direct deposit records or canceled checks to identify amounts and frequencies of payments.
- Personal Logs: Use calendars, diaries, or smartphone timestamps that note work hours.
- Co-worker and Supervisor Testimonials: Obtain written statements confirming typical schedules and pay rates.
- Emails and Texts: Look for communications about shift assignments or rate changes.
2. Establish a Reasonable Estimate of Hours and Rate
If you know your typical weekly schedule (e.g., 40 hours/week) but lack precise daily logs, multiply the average hours by the known pay rate or by the average rate from adjacent pay periods. If the rate itself is unknown, calculate an average by dividing total known wages by total known hours from any period where records exist.
3. Compute Lost Wages
Multiply the reconstructed hours by the reconstructed or known pay rate. For overtime hours (over 40 per week), apply 1.5× the regular rate. Keep line-item calculations so you can present a clear breakdown.
4. Cite Recordkeeping Violations
New Hampshire law mirrors the federal Fair Labor Standards Act (FLSA) recordkeeping requirements. See 29 C.F.R. § 516. An employer’s failure to maintain records can allow you to rely on your own evidence and shift the burden to the employer to disprove your claims.
5. File Your Claim
Submit a wage claim to the New Hampshire Department of Labor. Include:
- A clear statement of hours and rates you estimate.
- All secondary evidence (bank statements, logs, witness statements).
- Copies of any pay stubs or direct deposit records.
6. Consider Legal Counsel
If the employer disputes your reconstruction or refuses to pay, an attorney experienced in New Hampshire wage claims can guide you through mediation or court proceedings under N.H. RSA § 275:45.
Helpful Hints
- Start a contemporaneous time log even if you think it won’t be needed; daily entries are best.
- Back up digital evidence—download and archive emails and calendar entries.
- Ask co-workers to write a brief affidavit confirming your schedule.
- Keep a copy of every document you submit to the Department of Labor.
- Follow up in writing with your employer before filing a formal claim.
- Review New Hampshire payroll statutes online to stay informed.