Fair Labor Standard Act (FLSA) case concerning a large hotel and casino and its Exempt workers.
Corporate defendant’s previously assumed Exempt workforce is deemed non-Exempt. Defendant needed to show hours worked on weekly basis, but had never captured time clock data due to Exempt classification. Since the time clock data was not preserved, the corporation contracted with Vestige to try and assist in uncovering the digital evidence by another means.
Vestige took a deep dive into their system and discovered additional sources of temporal data including a “garment check-in / check-out system” for employee uniforms. Once the data structure was determined, Vestige then created a carving script’, then carved out each of the records.
Vestige was able to recover three (3) years worth of deleted data by implementing advanced carving. They recovered nearly 1 million records containing employee check-in / check-out time, commensurate with the time clock. This recovered data was then utilized as evidence in the case to demonstrate the amount of time employees were working.
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