In Frew v. Tolt Technical Services Group LLC, a federal district court in Florida ruled that an hourly employee who failed to record all of his overtime could nevertheless proceed to trial on a claim to recover the unrecorded time. Steven Frew, a retail store technician, regularly recorded 40-45 hours of work per week although he claims to have actually worked 45-55 hours per week. Frew claimed that he did not record the extra time on his timesheets to avoid criticism from management about inefficiency. Frew's employer argued that Frew's timesheets should control and he should not be able to recover overtime compensation for unrecorded hours. Frew countered that, because his employer allegedly had a practice of reviewing his and other employees' cell phone usage and GPS data regarding their use of company vehicles, his employer knew or should have known that Frew was working in excess of the hours recorded on his timesheets. The court refused to dismiss the case and allowed it to proceed to trial, finding that there was a factual dispute over what Frew's employer knew or should have known.

This ruling is a reminder that employers must be mindful of and promptly address apparent discrepancies between recorded and actual work hours.