What Constitutes Evidence of Overtime Entitlement Under the Fair Labor Standards Act?
It was held in the case of Kadden v. Visualex that specific types of evidence were enough to determine whether the Claimant was offered similar overtime benefits as their successor when they held the same position. The proof used in this Wage and Hour claim consisted of employment information relating to the successor, including their offer letter (as well as offer letters to other employees), job title, duties, education and training.
As determined by Judge Shira Scheindlin of the Southern District of New York, all of the above information was considered proof of whether both Kadden and his successor were offered similar benefits. The intention behind this determination was to discover whether Kadden was employed in a fully professional capacity, which would render him ineligible for overtime provisions under the Fair Labor Standards Act.