Can the government check my boss's payroll records if I report unpaid overtime?

Under the Fair Labor Standards Act (FLSA), the government has broad powers to ensure workers are paid correctly. Specifically, the Administrator of the Department of Labor or their representatives "may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter" [cite:us-title29-flsa-sec211]. This means they have the right to look into your specific situation at the manufacturing warehouse to see if the unpaid hours you've worked since January are being properly recorded and paid. To carry out these investigations, the law allows officials to "enter and inspect such places and such records... question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate" [cite:us-title29-flsa-sec211]. In your case, this means they can physically come to your workplace, look at the time logs you are worried might be deleted, and talk to you privately to confirm that you have been working those extra eight hours every month without pay. Furthermore, your employer has a legal obligation to maintain these documents. The law states that "Every employer subject to any provision of this chapter... shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him" [cite:us-title29-flsa-sec211]. This requirement is designed to prevent exactly what you fear: an employer hiding or destroying evidence of unpaid work. If they are found to be in violation of the rule that employees must receive "compensation for his employment in excess of the hours above specified" (referring to hours over 40 in a workweek) [cite:us-title29-flsa-sec207], the Department of Labor can use these records to prove the violation and help you recover your money. It is important to note that while the Department of Labor has these powers, the specific process of how they initiate an inspection often begins with a complaint from an employee.