Legal Opinion
Graham v. Babinski Properties
South Dakota Supreme Court
Decided April 9, 1997No. NonePublishedCited by 2 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Floyd Graham, an employee of Ba-binski Properties, sought overtime pay after his supervisors imposed duties he could not complete within his regular shift. Babinski refused, insisting their only agreement was for forty hours a week. Graham brought suit under the Fair Labor Standards Act claiming his superiors had reason to know he was working overtime. Can Babinski’s constructive knowledge its employee was working excess hours create liability for overtime pay? We hold such knowledge was sufficient and affirm the judgment for Graham.
Facts
[¶2.] Babinski owns and…
2Cases cited28 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
- Tennessee Coal, Iron & Railroad v. Muscoda Local No. 123Supreme Court of the United States · 1944
- Walling v. Helmerich & Payne, Inc.Supreme Court of the United States · 1944
- Billy H. Forrester v. Roth's I. G. A. Foodliner, Incorporated, an Oregon CorporationCourt of Appeals for the Ninth Circuit · 1981
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3Cited by2 opinions
- Cantalope v. Veterans of Foreign Wars Club ("VFW") of EurekaSouth Dakota Supreme Court · 2004
- Cantalope v. Veterans of Foreign Wars Club ("VFW") of EurekaSouth Dakota Supreme Court · 2004