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    « Happy Veteran's Day | Main | Class Action Settlement Order Reversed Because Fees Were Too Low »

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    James Peters

    True story:

    I represented an employee whose employer simply stopped paying him for about a month before he simply quit. He was salaried, but incorrectly classified as exempt, so we had an overtime and minimum wage case.

    We went to a hearing on the claims and the employee testified that he went to work at the same time pretty much every day and left about the same time. The employer (represented by their HR rep) disputed this orally, but did not introduce any evidence to support it and did not keep any record of hours worked whatsoever. The hearing went well and I felt pretty good about it afterwards.

    Five days later the hearing officer issued an opinion finding in my client's favor, but awarding him no money at all because we did not introduce any evidence to prove how many hours he worked each day. It should be noted that the employer alleged that the employee worked 8 hours each day (and did not receive any wages at all).

    It's the Wild West over there and the good guys don't always benefit from their quackery.

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