Can I legally get my hours from my past employer?

Question

I am about to have a little legal battle with my ex-employer, but I don't have track of all my hours. Is there any way I can request them and force her to give them to me legally?

Answer 1

Yes, you can subpoena the records.   They belong to the company, so they do not have to give them to you again.   You should have been receiving pay stubs all along.

Answer 2

in many states the payroll records MUST be provided without a subpoena.

payroll records are NOT part of the personnel file they are separate and are subject to review.

examples:

California mandates that a current or former employee be provided the opportunity to see and copy their payroll records within 21 days of the request California Labor Code 226

Michigan require records to be kept at least 3 years and open to inspection at any reasonable time.

Most states mandate that records must be open and available to the department of labor at the location where the records are normally maintained.

In every state these records must be provided if subpoenaed.

under FLSA:

Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records. Records on which wage computations are based should be retained for two years, i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages. http://www.dol.gov/esa/whd/regs/complian...

Answer 3

You can get them from Payroll, or look at your paystubs.  If you need what days you were scheduled and what hours you worked that day, again payroll would have them.  They should provide them to you w/o any problems.  However if you do get problems you can have your attorney get them for you.

HR Manager