Enrique Arroyave v. Lewis M. Rossi

This is a Fair Labor Standards Act case involving claims by the employee, Arroyave, of unpaid overtime and late payment of wages. A magistrate judge granted the employer, Rossi, summary judgment. Arroyave appeals, arguing that he raised a genuine issue of material fact that precluded summary judgment on his claim of uncompensated overtime. He argues that he stated in his affidavit that he worked a graveyard shift at a mall for Rossi between September 2006 and December 2006 for which he was not paid overtime.

The Fair Labor Standards Act (“FLSA”) requires that employers compensate covered…