November 26, 2020

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Eleventh Circuit Upholds District Court’s Rejection of Challenge to Employer Records

Employers defending FLSA overtime claims brought by employees are often frustrated when such claims include alleged “off the clock” work despite the fact that the business properly maintained records of hours worked.  A new decision rejects one such allegation.  Gilson v. Indaglo, Inc., 2014 U.S. App. LEXIS 20828 (11th Cir. 2014).

The sales employee plaintiffs in Gilson argued that because data reflecting when sales were entered into the system did not match up with their records of hours worked, some sales work must have occurred on-the-clock, because “sales commissions were credited to [their] accounts on days when [they] were calendared as not working.”  The appellate court observed that plaintiffs “did not dispute, however, that sales commission dates reflected the day when the sale paperwork was completed, not when the salesperson initiated the sale . . . [and also] failed to produce documentary evidence or state with specificity particular dates on which their actual work hours were not accurately reflected in the employer’s records.”  Thus, the district court’s granting of summary judgment to the employer was affirmed.

Employee-created, properly-maintained records of hours worked remain an employer’s best defense to overtime claims premised on alleged “off the clock” work initiated by non-exempt employees.

Jackson Lewis P.C. © 2020National Law Review, Volume IV, Number 309
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About this Author

Noel Tripp Principal Employment lawyer at Jackson Lewis Law Firm
Principal

Noel P. Tripp is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis as a summer associate in May 2005, he has practiced exclusively in employment law.

Mr. Tripp has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principal focus is the defense of class and collective action...

631-247-0404
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