❗ Improper Acquisition of Nurse Time Sheets Raises Serious Legal Questions in HNR Case

In connection with litigation filed against Harry’s Nurses Registry, Inc. (HNR), concerns have been raised regarding the unauthorized acquisition and use of confidential nurse time sheets, which were later submitted as evidence in court by private attorney Jonathan Bernstein.

According to records, the HNR corporate office was burglarized in 2008, during which computers containing employee time sheets and sensitive data were taken. A police report documenting the incident was filed by HNR shortly after the burglary.

📎 [View the police report here]
📎 [View the time sheets allegedly used in court here]

❓ Chain of Custody and Legal Standing of the Evidence

The time sheets that were later presented to the court by Attorney Bernstein as part of his exhibits raise critical questions:

• How were these documents obtained?

• Was there a clear and lawful chain of custody?

• Were these materials submitted without proper verification or authentication from HNR?

Despite these concerns, the court accepted the exhibits prepared by Bernstein without involvement from the U.S. Department of Labor (DOL)—the only federal authority authorized under 29 U.S.C. §§ 206, 207, and 255 to audit payroll records and determine overtime violations.

📎 [Click here to view the exhibits submitted in court]

⚖️ Legal Authority and Procedural Concerns

Under the Fair Labor Standards Act (FLSA), only federal agencies such as the DOL or IRS are empowered to:

• Conduct audits of employer wage practices,

• Verify timesheets or payroll discrepancies,

• And enforce penalties under 29 U.S.C. § 216(b).

A private attorney, acting without agency supervision or verified access to authentic employer records, lacks the authority to prepare exhibits that calculate overtime compensation or serve as substitutes for official audit findings. The court’s reliance on such privately prepared documentation undermines the statutory process and risks the integrity of the proceedings.

This situation raises critical procedural and ethical issues:

• Can a private attorney act as a de facto federal auditor?

• Should the court accept exhibits without verification from the employer or regulatory oversight?

• What safeguards exist to prevent fabricated or improperly acquired documents from influencing litigation outcomes?

⚠️ Conclusion

The submission of nurse time sheets allegedly obtained under questionable circumstances, and the court’s acceptance of these documents without proper scrutiny or federal oversight, highlight a breakdown in procedural integrity. When wage and hour violations are alleged, the Department of Labor is the appropriate and legally designated entity to conduct investigations—not private counsel acting independently.

This matter underscores the importance of protecting confidential employment records and ensuring that only duly authorized agencies handle wage-related enforcement under federal law.