No Records, No FLSA Case

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Plaintiff Can’t Rely on Vague

Assertions; Bus Company Wins

             As a practical matter, an employer whose payroll and work time records are lousy is behind the proverbial eight ball in overtime cases.  But what if the plaintiff has no records herself and the company has at least some?

             In Vince v Illinois Central School Bus LLC, __FSupp2d__, 17 WH Cases 2d 504 (N.D. Ill. 2011) Judge Leinenweber granted summary judgment in favor of the employer where the plaintiff, Regina Vince, had claimed that she worked 84 hour weeks for three solid years.  At her deposition she was asked about her record-keeping to substantiate this extraordinary claim, and had none.  In responding to the motion for summary judgment Vince could provide no record of the 84 hour weeks.

             Meanwhile the employer submitted time records for some, but not all of the months she claimed were within the period she claimed.  The records showed that she always worked less than forty hours a week.  At no time did Vince claim that Illinois Central’s time records were improper or inappropriate.

             Noting that the law requires plaintiffs to come up with “sufficient evidence” of the overtime claimed, Judge Leinenweber found Vince’s evidence insufficient in the extreme.  “Throwing darts at a calendar would seemingly provide as reliable a time period for this work as would discerning these dates from plaintiff’s evidence.”

3/31/2011