Detailed Answer
When an employer fails to maintain accurate pay‐and‐hours records, you can still pursue unpaid wages under Kentucky law. Kentucky Revised Statutes (KRS) require employers to keep payroll records showing hours worked and wages paid. If those records are missing, follow these steps to calculate and support your claim.
1. Review Kentucky Record-Keeping Requirements
KRS 337.050 mandates that employers maintain time, wage, and benefit records for at least two years. You can review the statute here: KRS 337.050. If your employer failed to comply, the burden of proof may shift to them to provide accurate records.
2. Gather Alternative Evidence
When official records are missing, reconstruct your work history using:
- Bank and PayPal Statements: Look for regular deposits matching your expected pay cycle.
- Personal Calendars or Journals: Note work dates, hours, and any overtime.
- Emails and Texts: Confirm scheduled shifts, project assignments, or pay discussions.
- Co-Worker Declarations: Ask colleagues to provide written statements about your typical hours and pay.
- Customer or Client Records: If you billed clients directly, invoicing history can show hours worked.
3. Calculate Unpaid Wages
Estimate your total unpaid amount by multiplying your average hourly rate by the total hours worked. If your exact rate varied, use the most recent or most common rate. Add any owed overtime by applying 1.5 times your regular rate for hours worked over 40 in a week. Document the calculation in a spreadsheet to show your method and assumptions.
4. File a Claim with the Kentucky Labor Cabinet
Under KRS 337.385, you may file a wage complaint online or by mail with the Kentucky Labor Cabinet’s Division of Wage and Hour Compliance. Include:
- Your detailed calculation spreadsheet.
- Copies of alternative evidence (bank statements, declarations, calendars).
- A written summary of your employer’s failure to keep records.
The Cabinet will investigate, and if they find a violation, they can order back pay plus interest and penalties.
5. Consider Small Claims or Civil Court
If the Cabinet process doesn’t resolve your claim, you can file a civil action in Kentucky Circuit Court. The statute of limitations for wage claims is two years under KRS 337.385. Present the same reconstructed evidence and cite the employer’s record‐keeping violation.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.
Helpful Hints
- Act quickly: The two-year deadline under KRS 337.385 is strict.
- Keep copies: Preserve all digital and paper backup of your evidence.
- Be consistent: Use the same rate and hours assumptions throughout your calculation.
- Stay organized: Label and date each document before submission.
- Seek free assistance: Contact Legal Aid or a local pro bono clinic if you cannot afford an attorney.