Detailed Answer
When an employer fails to maintain or produce accurate time and pay records, Pennsylvania law still allows you to recover lost wages. Under the Pennsylvania Wage Payment and Collection Law (43 Pa. Stat. Ann. § 260.1 et seq.), once you present a reasonable estimate of hours worked and pay rate, the burden shifts to your employer to disprove the claim.
1. Gather Indirect Evidence
- Pay stubs, bank statements, and deposit records showing regular deposits.
- IRS Forms W-2 or 1099 for wage summaries.
- Calendar entries, text messages, emails, or a handwritten time diary noting start and end times.
- Statements from coworkers or supervisors confirming your schedule.
2. Estimate Hours and Rate
Use available data to calculate average hours per day or week:
- Divide total hours on nearby pay stubs by pay periods to get a weekly average.
- Multiply your regular pay rate (found on job postings, offer letters, or IRS records) by estimated hours.
- Include overtime at 1.5× rate for hours beyond 40 per week, as required by the PA Department of Labor & Industry.
3. Document Your Calculation
Create a clear chart or spreadsheet listing:
- Week ending dates
- Estimated regular and overtime hours
- Pay rate and total claimed per week
4. File Your Claim
- Submit a complaint to the Bureau of Labor Law Compliance within six years (43 Pa. Stat. Ann. § 260.10).
- Attach all supporting documents and your calculation sheet.
- If the employer fails to rebut your evidence, the law presumes your estimate is correct.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Start a contemporaneous time log whenever you suspect missing records.
- Keep copies of every pay stub, bank statement, and relevant email.
- Gather coworker statements in writing—signed affidavits strengthen your claim.
- Follow up in writing when you request employer records; note dates and recipients.
- Consult privately with an attorney to review your evidence before filing.