Employer's failure to maintain payroll records eliminates plaintiff's burden of showing with particularity the amount due for overtime.

The plaintiffs, current and former hourly workers, instituted an action for overtime pay due under the provisions of the FLSA and NJWHL. Exclusive Detailing sought to dismiss the action since the plaintiffs were unable to meet their burden of showing with particularity the dates and times when overtime was not paid. In part, the plaintiff's failure was due to the fact that Exclusive Detailing did not maintain payroll records showing the dates and hours worked. In rejecting Exclusive's contention, Judge Shipp held that, since Exclusive had not complied with its record keeping obligation, the plaintiffs were only required to produce evidence from which a fair and reasonable inference could be drawn concerning their entitlement. Thereafter, Exclusive would have the burden to negate the claim.

Case Law Alert - 4th Qtr 2010