Kessler v. Cliff Frocks, Inc.

In this action by an ex-employee for overtime under the “ Wages and Hours Law” (Fair Labor Standards Act of 1938; U. S. Code, tit. 29, § 201 et seq.) the record contains a statement of the grounds for finding that the plaintiff has, by a fair preponderance, proven that she was within the statute and did work overtime. A decision as to how much overtime there was is more difficult because of the absence of any contemporaneous writing on the subject of her hours of work.

There are decisions indicating that the absence of such proof precludes a finding that she has worked any specified number of…