--- title: "Overtime lawsuit: who has to prove the workday · Sicheca" description: "Why the working-time record is the company's best defense in an overtime claim." url: https://sicheca.com/en/blog/juicio-por-horas-extra-quien-prueba-la-jornada lang: en alternate_es: https://sicheca.com/blog/juicio-por-horas-extra-quien-prueba-la-jornada.md --- Law and fines · 3 min read # Overtime lawsuit: who has to prove the workday Short answer In a labor lawsuit, the company is the one that must prove the length of the workday. If it has no attendance controls, it risks having the worker's claim taken as true. ## What changes with the electronic record If it was agreed with the person, it is full proof. ## What weakens your evidence - Incomplete records. - Corrections with no reason. - Files that anyone could edit. ## How much it can cost An overtime claim can reach back up to one year and is paid at double or triple time. ## The reform in one minute The reform has two parts. On March 3, 2026, article 123 of the Constitution was amended to set the 40-hour workweek. On May 1, 2026, the Federal Labor Law was amended, which is where the detail is. - The maximum working week drops from 48 to 40 hours, two hours per year, between 2027 and 2030. - Overtime has a weekly cap: it is paid at double time up to the cap and at triple time for up to 4 more hours. - Each company must electronically record the start and end time of each person's workday. - Not keeping that record is fined 250 to 5,000 UMA. - Salary and benefits cannot go down because of the reduction in hours. What remains pending are the STPS general rules, which will define who the record applies to and what exceptions there will be. They take effect on January 1, 2027. | Year | Maximum working hours | Double-time overtime | Triple-time overtime | | --- | --- | --- | --- | | 2026 | 48 h | 9 h | 4 h | | 2027 | 46 h | 9 h | 4 h | | 2028 | 44 h | 10 h | 4 h | | 2029 | 42 h | 11 h | 4 h | | 2030 | 40 h | 12 h | 4 h | Decree published in the Official Gazette of the Federation on May 1, 2026, second and fourth transitory provisions, and article 68 of the LFT. Each change applies from January 1. ## Common mistakes - Assuming the obligation does not apply because you are a small business. - Believing a device or fingerprint is required. - Confusing the date the law took effect with the date of the STPS rules. - Reading the 2030 caps as if they already applied. - Trusting a provider that claims to be certified by the authority. ## What to do now 1. Read what article 132, section XXXIV, requires. 2. Review how you record your staff's clock-in and clock-out today. 3. Choose an electronic recording method. 4. Agree on it in writing with each person. 5. Check the STPS general rules when they are published. ## Related terms **[What is a labor severance payment (liquidación)](https://sicheca.com/en/blog/que-es-una-liquidacion).** The liquidación is what is paid when the company ends the employment relationship without just cause. **[Vacations by law: how many days are owed](https://sicheca.com/en/blog/vacaciones-por-ley).** With one year of work, 12 days of vacation are owed. **[IMSS contributions: what they are and who pays them](https://sicheca.com/en/blog/cuotas-del-imss).** Employer-employee contributions are the payments to the IMSS that fund social security. ## Frequently asked questions ### Is a signed paper record enough? It has value, but it no longer meets the requirement that the record be electronic. ### Where do I find the official text? In the Official Gazette of the Federation of May 1, 2026 and in the current version of the Federal Labor Law published by the Chamber of Deputies. ### Does this replace the advice of a lawyer? No. It is general information. For decisions about your company, consult a labor lawyer. ### Does the law require a particular system? No. It asks that the record be electronic and include the start and end time for each person. ### What happens when the STPS publishes its rules? They will specify who the record applies to and its exceptions. It is worth checking them as soon as they appear in the Official Gazette of the Federation. ## Legal basis and sources - Overtime: articles 66 and 68 of the LFT and fourth transitory provision of the decree. - Electronic working-time record: article 132, section XXXIV, of the LFT and fifth transitory provision of the decree. - Fines: articles 992, 994 and 1002 of the LFT. - Working hours: articles 58 to 64 of the LFT and second transitory provision of the decree. - [Decree amending the Federal Labor Law on the reduction of the working week](https://sidof.segob.gob.mx/notas/docFuente/5786537). Official Gazette of the Federation, May 1, 2026. - [Federal Labor Law, current text](https://www.diputados.gob.mx/LeyesBiblio/pdf/LFT.pdf). Chamber of Deputies. **How we write this content.** The Sicheca team writes it from the official text of the law. When something is not yet defined by the authority, we say so. It is general information and does not replace the advice of a lawyer or an accountant. ## Keep reading [ Law and fines **How long do working-time records have to be kept?**](https://sicheca.com/en/blog/cuanto-tiempo-conservar-los-registros-de-jornada) [ Law and fines **The 2026 adjustment period: what to do before January**](https://sicheca.com/en/blog/periodo-de-ajuste-2026) [ Law and fines **Fines for exceeding the workweek or not giving the rest day**](https://sicheca.com/en/blog/multas-por-exceder-la-jornada-laboral) [ Law and fines **Fine for not keeping the electronic working-time record**](https://sicheca.com/en/blog/multa-por-no-llevar-registro-de-jornada) [See all articles](https://sicheca.com/en/blog/) Who publishes this blog Sicheca is a digital time clock for recording working time from your phone. We write these guides from the official text of the law, so any business can understand what applies to it. If you want to try it, there is a waitlist. 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