Employee must provide pay specifics in FLSA case — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employee must provide pay specifics in FLSA case

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in Compensation and Benefits,Human Resources

A worker who files a Fair Labor Stand­­ards Act lawsuit claiming unpaid wages must actually set out facts showing that he wasn’t properly paid. Mere allegations aren't enough.

Recent case: Greg, a cable TV in­­­­staller, sued, alleging that his em­­ployer did not pay him at least minimum wage for all hours worked and that the piecework system he worked under resulted in unpaid overtime when he worked more than 40 hours in a week. He offered no specific details.

The employer asked the 9th Circuit to toss out the case. The appeals court agreed, concluding that an em­ployee has to do more than allege nonpayment. He must offer a specific example of a week that went underpaid. (Landers v. Quality Com­­mu­­ni­­ca­­tions, No. 12-15890, 9th Cir., 2014)

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