How to Document Wage Theft and Unpaid Hours

Step 1: Keep a Daily Time Log

• Record your start time, end time, and total hours every single day
• Note meal break start and end times (even if unpaid)
• Note rest break times (even if only a few minutes)
• Record any time worked before clocking in (setup, donning gear, opening tasks)
• Record any time worked after clocking out (cleanup, closing tasks, paperwork)
• Record time spent responding to work emails, texts, or calls after hours
• Use a notebook, spreadsheet, or note-taking app  consistent is key

Step 2: Photograph or Screenshot Your Time Records

• Take photos of handwritten time logs (prevents “lost” notebooks)
• Screenshot digital timecards before and after corrections
• Photograph schedule postings before they change
• Screenshot any communications about schedule changes
• Save automated clock-in/clock-out confirmations
• Store screenshots in multiple locations (phone, cloud, email)

Step 3: Save Every Paystub

• Keep every paystub  even if you think it is correct
• Paystubs show your regular rate, hours paid, overtime rate, and deductions
• Compare paystub hours to your personal time log
• Discrepancies between your log and paystubs are powerful evidence
• If employer uses electronic paystubs, download and save each one as a PDF
• Save paystubs after termination  you may lose access to electronic systems

Step 4: Document Missed Meal and Rest Breaks

• Record each day you missed a meal break (or took a late or shortened break)
• Record each day you missed a rest break (or took a shortened break)
• Note the reason for the missed break (too busy, no coverage, pressure from manager)
• Document any manager who told you to skip or shorten breaks
• Note whether you signed a meal break waiver (and whether it was truly voluntary)
• Record the exact time you finally took your meal break (if late)

Step 5: Document Off-the-Clock Work

• Record any work performed before your scheduled start time
• Record any work performed after your scheduled end time
• Note specific tasks: setting up equipment, cleaning, restocking, attending meetings
• Record time spent responding to work communications after hours (Slack, email, text, calls)
• Record time spent traveling between work sites (if required)
• Note any manager who told you to work off the clock or “just finish up quickly”
• Document any “voluntary” work that was actually expected

Step 6: Document Piece Rate and Non-Productive Time

• Record number of units produced each day (bins, pieces, flats, etc.)
• Record time spent on non-productive activities (waiting for materials, machine downtime, meetings)
• Record rest breaks  piece rate workers must be paid separate hourly rate for breaks
• Compare piece rate earnings to minimum wage  you must earn at least minimum wage for all hours
• Note any employer who fails to pay for rest breaks or non-productive time

Step 7: Document Expenses Not Reimbursed

• Record mileage driven for work purposes (odometer photos before and after)
• Track out-of-pocket tool purchases (receipts, photos, credit card statements)
• Document uniform costs (purchase receipts, cleaning expenses)
• Track cell phone and internet costs for required work use
• Save receipts for parking, tolls, and other work-related expenses
• Note any employer who refuses to reimburse required expenses

Step 8: Document Retaliation for Wage Complaints

• Record the date you complained about wages (to whom and how)
• Save any response from employer (written or verbal description)
• Document any adverse actions after complaining: reduced hours, demotion, transfer, termination
• Record any change in treatment: increased scrutiny, write-ups, exclusion
• Save emails or texts showing changed behavior after your complaint
• Note witnesses who observed the retaliation

Step 9: Document Communications in Writing

• Communicate about wages and hours in writing whenever possible
• Use email or text rather than verbal conversations
• If you have a verbal conversation, send a confirming email: “As we discussed earlier today…”
• Save all responses (or lack of responses)
• Written communications are much harder for employers to deny
• BCC your personal email on work-related communications

Step 10: Preserve Digital Evidence Before Losing Access

• Forward relevant emails to a personal email account before termination
• Screenshot Slack, Teams, or other messaging platform conversations
• Download paystubs, schedules, and timecards while you still have access
• Take photos of physical schedules, postings, or notices
• Employer systems are often cut off immediately upon termination
• Preserve evidence while you are still employed