Employment & Labor Law
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Zelaya v. Atrim
28 Fla. L. Weekly D622
Neither the employer nor the employee kept accurate time records of hours worked. The trial court improperly granted summary judgment to the employer where the employee was unable to specify the exact amount of overtime claimed. The appellate court held that the employee should have been given an opportunity to offer proof that he worked overtime and was improperly compensated. To the degree the plaintiff is successful in making that showing, the burden shifts to the defendant to refute the proffered evidence.
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