Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an employer fails to keep accurate payroll records, you can still reconstruct your lost wages by using alternative documentation and statutory procedures under North Dakota law.
- Understand employer record requirements. North Dakota law requires employers to maintain accurate time and payroll records. See N.D. Cent. Code § 34-14-09. If your employer neglected this duty, you can rely on an estimated wage calculation.
- Gather alternative evidence. Collect any of the following materials to support your claim:
- Bank statements showing deposit amounts and dates.
- Email or text communications about shift assignments.
- Personal calendars, diaries or handwritten logs.
- Testimony from co-workers, supervisors or clients who observed your hours.
- Job schedules posted at the workplace.
- Reconstruct your hours and pay rate. Use the best available data to estimate your typical workweek and earnings:
- Determine your regular hourly rate by averaging known paystubs or bank deposits.
- Estimate weekly hours by comparing your routine schedule (for example, 40 hours per week) or witness statements.
- Document how you calculated overtime or shift differentials, if applicable.
- Compute your total lost wages. Multiply the estimated hours by the reconstructed pay rate. Include any unpaid overtime by applying time-and-a-half for hours over 40 in a workweek, as required under the federal Fair Labor Standards Act (29 U.S.C. § 207).
- File a claim with the Labor Commissioner. Submit your reconstructed wage claim to the North Dakota Department of Labor & Human Rights. The commissioner has authority to investigate and issue orders. For more information and forms, visit nd.gov/labor.
- Consider civil action if needed. If the Department of Labor cannot resolve your claim, you may file a lawsuit in District Court under N.D. Cent. Code § 34-14-18. You can seek unpaid wages plus interest and attorney fees under N.D. Cent. Code § 34-14-20.
Helpful Hints
- Start gathering evidence immediately. Memories fade and emails can get deleted.
- Keep a detailed log moving forward, even if records are missing in the past.
- Request a written statement from former co-workers or supervisors confirming your hours.
- Use conservative estimates to build credibility—overstating hours can weaken your claim.
- Consult with a licensed attorney if litigation becomes necessary; they can refine your calculations and guide you through court procedures.
- Track deadlines for administrative filings—late submissions may bar your claim.