How to Protect Your Business
from wage and hour claims

The most common causes of unpaid-wage and overtime claims, the records and policies that defend you, and how a time and attendance system builds that evidence every day.
Manager reviewing hour alerts at her desk

The short answer

The best protection against wage and hour claims is accurate, consistent time records combined with clear written policies. Record every start, end and meal break, total hours by workweek, pay overtime at 1.5 times the regular rate, never edit time without a note and the employee’s confirmation, and keep records for at least the federal retention periods. When records are complete, you can answer a claim with evidence instead of estimates.

Why claims happen

  • Off-the-clock work: tasks before clock-in or after clock-out, or messages answered after hours.
  • Missed or short meal breaks, especially in states with meal-break laws such as California.
  • Overtime errors: averaging hours across weeks or leaving bonuses out of the regular rate.
  • Misclassification: salaried employees who don’t meet an exemption.
  • Rounding that favors the employer over time.
  • Unexplained edits to timecards.

Why records decide the outcome

Under the Supreme Court’s decision in Anderson v. Mt. Clemens Pottery (1946), when an employer’s records are inaccurate or missing, the employee can prove hours worked by reasonable inference, and the burden shifts to the employer. Under the FLSA, employees can recover unpaid wages for two years (three if willful), an equal amount in liquidated damages and attorney’s fees. Good records turn a dispute into a check of the facts. See what happens if you don’t track hours.

Policies to have in writing

  • Timekeeping policy: how and where employees clock in, and that all work must be recorded.
  • No off-the-clock work, including messages and apps outside shifts, with a way to report extra time.
  • Overtime approval: overtime must be approved, but unapproved overtime that was worked is still paid.
  • Meal and rest breaks that meet your state’s rules. See California rules.
  • Timecard corrections: how employees report errors and how managers document fixes.
  • Rounding: neutral, or better, record exact time.

Template ideas: employee attendance policy.

How a time and attendance system builds your defense

RiskWhat the system does
Off-the-clock workClock-in by app, kiosk or NFC at the real start point; early clock-in rules
Missed meal breaksBreak punches and alerts before a violation
Overtime errorsWeekly totals, alerts as employees approach overtime, payroll-ready exports
Disputed hoursTime-stamped punches with location or tag
Edited timecardsAudit trail of who changed what and why
Employee agreementEmployees sign attendance reports digitally

See labor rule alerts and timecard corrections.

Prevention checklist

  • Review exempt classifications once a year.
  • Define the workweek in writing.
  • Record exact punches; avoid rounding meal periods.
  • Approve timecards every week, not at month end.
  • Require a note and employee confirmation for every edit.
  • Include all required pay in the regular rate for overtime.
  • Keep payroll records 3 years and time cards 2 years, or longer if your state requires.
  • Train managers: they must not ask anyone to work off the clock.

If you receive a claim

  1. Preserve all time, payroll and schedule records; don’t edit anything.
  2. Pull the employee’s punches, edits and approvals for the period.
  3. Contact an employment attorney.
  4. Fix any process gap you find for all employees, not only the claimant.

Frequently asked questions

A complaint or lawsuit alleging unpaid wages, such as unpaid overtime, off-the-clock work, missed breaks or minimum wage violations, under federal or state law.

Generally two years from the violation, or three years if it was willful. State law may allow more time.

Yes. You must pay for hours worked even if not approved; you can enforce your approval policy through discipline, not by withholding pay.

Federal rules allow neutral rounding, but it is a frequent claim issue, and California law is unsettled. Recording exact time is the safer approach.

Employee confirmation of hours is useful evidence that the record was reviewed. It doesn’t replace paying for all time worked.

Related guides

What happens if you don't track hours

Recordkeeping rules and the cost of missing records.

FLSA overtime rules

How overtime is calculated, with examples.

California meal and rest breaks

Timing, waivers and premium pay.

Missed meal break punch

What employers should do.

Timecard approval workflow

Deadlines, roles and a checklist.

This page is general information and isn’t legal advice. If you have received a claim or demand letter, consult an employment attorney.

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