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Probative Evidence of Overtime under the Fair Labor Standards Act

Posted by attorney Vincent White

Judge Shira Scheindlin of the Southern District of New York held in Kadden v. Visualex that information pertaining to the successor of a Wage and Hour claimant was probative of the claimaint's exempt or non-exempt status for overtime purposes.

The evidence in question included:

  1. The successor's offer letter
  2. Offer letters to other employees
  3. Successor's job title
  4. Successor's duties
  5. Successor's education
  6. and; Successor's training

All of the above information as pertained to Kadden's successor was deemed to be relevant as to Kadden's status while employed by Visualex. The Court was attempting to determine if Kadden was employed in a bona fide professional capacity, and so exempt from the overtime provisions of the Fair Labor Standards Act ("FLSA")

Additional resources provided by the author

Kadden v. Visualex 11 Civ. 4892

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