shadow
Keeping Your Interests Ahead of Your Employer's

Protecting Your Rights in the Workplace Is All We Do

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”).

Contact Ricotta & Marks, P.C.

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

Quick Case Evaluation

Bold labels are required.

I have read the disclaimer.

Privacy Policy.

Office Location

Ricotta & Marks, P.C.
1 Old Country Road, Suite 347
Carle Place, NY 11514

Toll Free: 800-240-9269
Fax: 800-483-4508
Carle Place Law Office Map

Long Island City Office
3110 37th Avenue, Suite 401
Long Island City, NY 11101

Phone: 800-240-9269
Toll Free: 800-240-9269
Fax: 800-483-4508
Long Island City Office Map

Back to Top