By Ricotta & Marks, P.C. on August 9th, 2021 in
What is Valuable Evidence of Overtime Entitlement under the Fair Labor Standards Act?
Judge Shira Scheindlin of the Southern District of New York held recently in Kadden v. Visualex that employment information relating to the successor of the Claimant’s position in a claim is relevant to proving whether or not the Claimant had similar overtime benefits when they previously held the position.
The evidence in question included:
- The successor’s offer letter
- Offer letters to other employees
- Successor’s job title
- Successor’s duties
- Successor’s education
- and; Successor’s training
In the case of Kadden v. Visualex, all of the above information relating to the new employee replacing the Claimant, or the “successor,” was relevant to prove whether or not Kadden had similar overtime benefits during his time in the position. In his circumstances, the court was attempting to determine if Kadden was employed in a bona fide professional capacity, making him exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”).
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