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if your employer fails to keep good track of your give you pay stubs that accurately accurately reflect when youve worked and when your breaks were then if there becomes a time where you believe you have not been paid overtime and you wish to make a claim your recollection of when you worked when your breaks were and how many hours you worked in the week may become the presumptive evidence of the case what that means is that your recollections win unless your employer has records that prove that what youre saying is wrong keeping your own records of when youve worked in your own calendar or even on your phone as a reminder to yourself of when youve worked when your breaks were and how many total hours youve worked can be very helpful to you if you ever do have a claim for failure to pay overtime