Dismissed case highlights need for accurate time and attendance records
A recent decision in the United States Court of Appeals for the Second Circuit in New York demonstrated individuals filing a lawsuit alleging time and attendance violations must provide detailed information supporting their claims. The law firm of Drinker Biddle & Reath explained employees must include verifiable information when citing an employer for overtime wage violations.
According to the lawsuit, Ramona Dejesus - former employee at HF Management Services, or Healthfirst - claimed the company failed to compensate her at a rate of one and a half times her normal wages for all overtime work performed during her time with the company. She further alleged she worked in excess of 40 hours per week for an unspecified number of weeks at the health care management facility.
The law firm of Seyfarth Shaw explained the court faulted Dejesus for including little or no factual support for her case, citing the need for documentation. Moreover, the court found the plaintiff had essentially copied the language of the Fair Labor Standards Act in her original claim. As a result, the case was dismissed.
The result of the court case reflects the need for employers and employees to integrate accurate time clocks and employee tracking systems so that these types of situations can be avoided.
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