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How Time Tracking Helps Avoid Overtime Lawsuits

4 min read

Let’s face it: no one starts a business thinking they’ll end up in an overtime dispute.
 But for many small and midsize employers, wage and hour lawsuits aren’t just possible—they’re increasingly common.

And here’s the kicker: most of them aren’t caused by bad intentions. They’re caused by inaccurate or incomplete time tracking.

Whether it’s a missed break, unrecorded overtime, or inconsistent rounding practices, even small errors can trigger major consequences—from back pay to legal fees.

The good news? Time tracking is your best defense. Let’s walk through how it protects your business from risk—and builds trust with your team along the way.

Why Overtime Lawsuits Are on the Rise

The Department of Labor (DOL) Is Cracking Down

Wage and hour compliance is one of the most frequently investigated areas by the DOL—and with good reason.

Some common violations include:

  • Failing to pay overtime (time-and-a-half) after 40 hours

  • Misclassifying non-exempt employees as salaried

  • Not tracking breaks or on-call time properly

  • Relying on "estimated" hours instead of actual work time

These may sound like small oversights, but they often result in:

  • Class action lawsuits

  • Wage audits

  • Back pay owed for multiple years

  • Damage to your brand and employee morale

SMBs Are Especially Vulnerable

Many small business owners believe these issues only affect big corporations—but that’s a myth.

In reality, small businesses often lack the systems and documentation to prove compliance, which can make them easy targets.

Time Tracking = Legal Protection

The Burden of Proof Is on You

If an employee claims they weren’t paid for all hours worked, you must prove otherwise. And that’s hard to do if you’re relying on memory, spreadsheets, or handwritten time cards.

Accurate time tracking systems create a clear, defensible audit trail that shows:

  • When employees clocked in and out

  • How many hours they worked

  • Whether overtime was properly paid

  • If required breaks were taken

Without this, it becomes your word against theirs—and in many cases, courts favor the employee.

Time Data Can Make or Break a Case

Let’s say an employee claims they worked 10 extra hours each week for the past year. If you don’t have accurate records to dispute that claim, the court may accept the estimate—and multiply it across dozens of pay periods.

That can quickly turn into thousands (or tens of thousands) of dollars in back pay and legal fees.

With a reliable time tracking system in place, you can confidently say: “Here’s exactly what was worked and paid.”

It’s Not Just About Lawsuits—It’s About Culture

Your Employees Want Transparency

When employees know their hours are being tracked fairly—and that they’ll be paid accurately for every minute worked—it builds trust and accountability.

On the other hand, if time records are inconsistent or always “rounded down,” frustration builds. That’s often what leads to complaints, DOL reports, or wage claims.

It Makes Managing Teams Easier

Accurate time tracking also helps managers and business owners:

  • Monitor overtime before it becomes excessive

  • Identify scheduling issues or understaffing

  • Improve payroll accuracy

  • Make smarter staffing decisions based on real data

It’s not justa compliance tool—it’s a business insight tool.

What to Look for in a Time Tracking System

If you're still using paper timecards or basic punch clocks, now’s the time to level up.

Here’s what a good time tracking solution should offer:

Mobile clock-in/out options for remote or field workers
Geofencing to prevent buddy punching
Overtime alerts and break tracking
Integration with your payroll system
Easy reporting for audits or DOL requests
Employee visibility into their hours and PTO

At Cadence HCM, we offer integrated time tracking that syncs with your payroll—so nothing slips through the cracks, and you’re always backed by real data.

Final Thought: Protect Your Business Before There’s a Problem

Time tracking may not feel urgent—until it’s the reason you’re sitting across from a labor attorney or getting a letter from the Department of Labor.

But with a simple, modern system in place, you can:

  • Stay compliant

  • Avoid penalties and lawsuits

  • Build trust with your employees

Make better decisions for your business

Notice: This generic information is not intended to be taken as tax, legal, benefits, financial, or HR advice. Since rules and regulations change over time and can vary (by industry, entity type, and locale), consult your accountant, lawyer, and/or HR expert for specific guidance.
Scott Patterson

Scott Patterson

Author

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