Lack Of Accurate Records Does Not Equal Windfall In FLSA Suits

The Eighth Circuit in Carmody v. Kansas City Board of Police Commissioners addressed the standard of proof in a wage and hour case when an employer failed to maintain accurate timekeeping records. The Court held that even under the "relaxed standard" established by the U.S. Supreme Court in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946), plaintiffs in wage and hour suits are compelled to provide evidence of "actual damages."

The FLSA requires employers to maintain accurate and complete records of employees' hours and compensation, including any alternate arrangements for dealing with overtime, tim- off or compensatory time.

In Anderson, the U.S. Supreme Court found that when an employer failed to maintain accurate time records, the employees were relieved of proving the "precise extent of uncompensated work." In other words, Anderson created a relaxed evidentiary standard in cases when the evidentiary burden shifts to the employer because the employee showed that uncompensated work was performed (and enough evidence exists to reasonably show the amount and extent of the work). Anderson only applies, however, where the "existence of damages is certain."

Carmody involved a group of police officers who alleged that their Captain instituted a policy where giving flextime or time off rather than receiving...