Wayne Hagendorf v. Ladah Law Firm, P.L.L.C; Ramzy Ladah

Las Vegas, Nevada employment law lawyer represented the Plaintiff on a Fair Labor Standards Act violation theory.



A petitioner seeking unpaid overtime wages under the Fair Labor Standards Act ("FLSA”) "has the burden of proving that [she] performed work for which [she] was not properly compensated.” Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 686–87 (1946). However, courts give "[d]ue regard . . . to the fact that it is the employer who has the duty under [the FLSA] to keep proper records of wages, hours and other conditions and practices of employment and who is in position to know and to produce the most probative facts concerning the nature and amount of work performed.” Id. at 687. "[W]here the employer's records are inaccurate or inadequate,” id., the employee need only show "to an imperfect degree of certainty” that she has performed improperly compensated work, and may rely on "reasonable inferences” in place of "4 24-982 'actual' times,” Alvarez v. IBP, Inc., 339 F.3d 894, 914–15 (9th Cir. 2003) (citation omitted).

H

Summary judgment in favor of the Defendants.



Reversed