Holding that evidence of employer's policies requiring accurate timekeeping "raises factual and credibility questions for trial, but it does not afford a basis for summary judgment" in light of plaintiff's testimony that he was encouraged by his managers not to record all of his hours
Finding that summary judgment was inappropriate because the evidence presented by the defendant supported an inference that the plaintiff was an employee, but the evidence presented by the plaintiff supported an inference that he was an independent contractor
580 F. Supp. 2d 528 (S.D. Tex. 2008) Cited 115 times
Holding that substantial evidence of an informal policy abiding or encouraging unpaid overtime could support conditional certification despite the existence of an official "time worked is time paid" policy
564 F. Supp. 2d 1010 (D. Minn. 2007) Cited 58 times
Holding that evidence of a common policy of uniformly classifying employees as exempt and declining to pay overtime compensation where plaintiffs indicated they worked in excess of 40 hours per week "supports a finding of sufficient commonality between and among the plaintiffs to support collective adjudication of their misclassification claims."