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2011 SESSION

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HB 2509 Employer's records; required to maintain and preserve payroll, etc., for their employees.

Introduced by: Adam P. Ebbin | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Employer's recordkeeping duties; liability for unpaid wages.  Requires employers to maintain and preserve payroll and other records for their employees, including his rate of pay, hours worked, and wages paid each pay period. If an employer fails to keep such records, an employee seeking wages or other moneys unlawfully withheld from him by his employer satisfies his burden of establishing that he is entitled to the moneys by proving that he performed work for which he was improperly compensated and produces sufficient evidence regarding the amount of his rate of pay and the extent of the work he performed to permit a reasonable inference regarding the amount owed to him. If the employee produces this evidence, the burden of proof shifts to the employer to come forward with evidence of the precise amount of work performed or to negate the reasonableness of the inference drawn from the employee's evidence.


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