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Valuable Evidence

Valuable Evidence

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
Wage and Hour 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”).

Ricotta & Marks

Ricotta & Marks

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Call the New York wage and hour dispute attorneys at Ricotta & Marks, P.C., at 800-240-9269 or send us an e-mail to schedule your free initial consultation today. We help people in all types of industries with New York wage and hour claim issues, including those in the service industry.

Additional Resources

Kadden v. Visualex 11 Civ. 4892

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Ricotta Marks

Ricotta & Marks, P.C.

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