buildmyevidence · guide
How to Prove Wage Theft and Unpaid Wages
The short answer: To prove wage theft, keep your own dated record of the hours you actually work — start times, end times, breaks, and any off-the-clock tasks — and save every pay stub. Compare the two. When an employer's records are missing or inaccurate, the burden often shifts to them, and your own consistent, dated records can carry the claim.
The most important thing to know: even when you have no official records, your own careful log of hours counts as evidence. This guide shows you how to keep it.
What counts as wage theft?
Wage theft is not being paid what you're legally owed. Common forms include unpaid overtime, hours shaved or rounded down, off-the-clock work (like prep or cleanup before or after your shift), withheld tips or commissions, illegal deductions, and being misclassified to avoid overtime. If you're working time you're not being paid for, that's the heart of it.
How do I prove wage theft if my employer keeps the records?
Keep your own. This is the key point: when an employer fails to keep accurate time records, the law in many places shifts the burden to the employer to disprove the employee's reasonable account. That means your own dated, consistent log of hours worked can become the basis of the claim. Record each day as you work it — the closer to real time, the stronger.
What should I document for a wage claim?
- Your daily hours: start time, end time, and breaks.
- Any off-the-clock work, with what you did and how long.
- Every pay stub, saved and dated.
- Your schedule or roster.
- Any messages from managers about hours, pay, or working "off the clock."
How do I keep a daily hours log that holds up?
Record your hours each day, at the time, not from memory at the end of the week. Note the date, your start and finish, breaks, and anything unusual (staying late, coming in early, working through lunch). Consistency is what makes it credible — a log kept faithfully every day is far more persuasive than one reconstructed later.
What's the gap between my hours and my pay stubs?
That gap is often the claim. When your dated hours log shows more time than your pay stub paid you for, the difference is the evidence. Keep both side by side so the discrepancy is clear and specific — "I worked 46 hours the week of the 3rd, my stub paid 40" is far stronger than "I think they underpaid me."
When should I start documenting?
As soon as you suspect you're being underpaid. A daily record built over time is far stronger than trying to reconstruct weeks or months of hours later. Start today, keep it consistent, and save every stub from here on.
Frequently asked questions
How do I prove wage theft if my employer keeps the records?
Keep your own dated log of hours worked, breaks, and off-the-clock tasks. When an employer's records are missing or inaccurate, your own consistent records can carry the claim.
What counts as wage theft?
Unpaid overtime, shaved or rounded hours, off-the-clock work, withheld tips or commissions, illegal deductions, or misclassification to avoid overtime.
What should I document for a wage claim?
Daily start/end times and breaks, all pay stubs, your schedule, any off-the-clock tasks, and messages from managers about hours or pay.
When should I start documenting?
As soon as you suspect underpayment. A daily record built over time is far stronger than reconstructing your hours later.
General information, not legal advice. Laws vary by location. For your situation, consult a qualified lawyer or your labor department.