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· 7/15/2008

Brown v. Family Dollar Stores of Indiana, LP

Citations

  • 534 F.3d 593
  • 13 Wage & Hour Cas.2d (BNA) 1545
  • 2008 U.S. App. LEXIS 14997
  • 2008 WL 2738063

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • denying summary judgment because plaintiff’s testimonial “evidence alone is sufficient to raise a genuine issue of fact regarding the accuracy of the records”
  • inability to “identify with specificity the hours or even days for which [the employee] worked” not fatal at summary judgment
  • “[W]here an employer failed to keep the proper and accurate records required by the FLSA, the employer rather than the employee should bear the consequences of that failure.”
  • “an employee who brings suit for unpaid overtime compensation bears the burden to prove, with definite and certain evidence, that she performed work for which she was not properly compensated”
  • “To place the burden on the employee of proving damages with specificity would defeat the purpose of the FLSA where the employer’s own actions in keeping inadequate or inaccurate records had made the best evidence of such damages unavailable.”
  • “[T]he remaining question is whether th[e] Anderson standard is met.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Ripple, Rovner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.