EmpleoPregunta 990 de 1605
In a wage dispute where the employer kept no accurate time records, how do California authorities generally treat the missing-records problem?
a.The DLSE ignores hours entirely
b.The employee's reasonable estimate of hours worked may be credited, shifting the burden to the employer
c.The claim is automatically dismissed
d.The employer wins by default
Explicación
Because employers have the legal duty to keep accurate time and pay records (Labor Code §1174), when those records are missing or inaccurate, the employee may carry the burden with a reasonable estimate of hours worked, and the burden then shifts to the employer to rebut it. This rule (echoing the federal Anderson v. Mt. Clemens standard) prevents employers from benefiting from their own recordkeeping failures.
Referencia Legal: Labor Code §98.6; §1102.5; recordkeeping dutyPractica las 1605 preguntas gratis — sin registro.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)