Takeaway: The Fair Labor Standards Act (FLSA) requires every covered employer to keep records that include data about hours worked and wages earned for every nonexempt worker. Employer documentation can demonstrate employer compliance in defense against FLSA claims.
The 1st U.S. Circuit Court of Appeals affirmed a lower court's admission of employees' testimonies to establish the employer's pay practices by finding that the testimonies represented an adequate sampling of the employer's workforce.
The stonemasonry business is seasonal, starting around March and usually ending around the first snowfall. During those in-season months, the plaintiff claimed that he and his associates worked six days per week with weekly hours totaling about 57 hours. The plaintiff's former colleague also testified that his hours were similar. The employer contended that none of its employees worked more than 40 hours in a week and presented testimony from three other employees to that effect.
Yet, the employer had no time-keeping records to back up that assertion, casting blame on its bookkeeper, whom the employer described as "incompetent" and a "thief." The plaintiff alleged that the employer failed to pay him a minimum wage for all hours worked and failed to appropriately pay overtime in violation of the Fair Labor Standards Act.
The employer argued that the district court's admission of testimony and documentary evidence from the plaintiff's former colleague was erroneous.
"Evidence of a...
To display this content from YouTube, you must enable advertisement tracking and audience measurement. 2 min One account known for spreading anti-Indian disinformation and fake news shared what it...