No Employer Knowledge, No Overtime: Fifth Circuit Affirms Defense Verdict Where Employee Must Prove Employer Knew of Overtime.

In a misclassification-to-trial case, the Fifth Circuit affirmed a defense verdict because the plaintiff failed to prove the employer had actual or constructive knowledge of alleged overtime, rejected the theory that “no timekeeping system,” standing alone, creates constructive knowledge for the employer, and upheld the Fifth Circuit pattern jury instruction that employees must notify employers when working extra hours.... By: Seyfarth Shaw LLP