· 12/4/1991
Lynn Martin v. Selker Brothers, Inc.
Citations
- 949 F.2d 1286
- 30 Wage & Hour Cas. (BNA) 1061
- 1991 U.S. App. LEXIS 28442
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that willfulness may be found where an employer knew his or her conduct might be illegal but failed to make a good faith effort to investigate its legality
- holding that gas station operator willfully violated the FLSA where he suspected that paying gas station operators a percentage of gas sold in lieu of minimum wage might be illegal but continued to do so in order to keep his overhead costs down
- holding an employer’s “evident indifference” to whether a payment system violated the FLSA constituted willful conduct.
- “The testimony and evidence of representative employees may establish prima facie proof of a pattern and practice of FLSA violations.”
- ““Selker maintained no records of the wages, hours, and other conditions of employment for the station operators or for other persons employed at the stations.”
- “It is not necessary for every single affected employee to testify in order to prove violations or to recoup back wages. The testimony and evidence of representative employees may establish prima facie proof of a pattern and practice of FLSA violations.”
Source: CourtListener parenthetical corpus (CC0).
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.