Davis v. Food Lion
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In order to be found liable under the FLSA, employers must be aware that their employees performed off-the-clock work
What Happened in Court
A meat market manager filed a lawsuit against his employer, Food Lion, for the company’s alleged failure to compensate him for his off-the-clock overtime hours. The District Court entered judgment in favor of Food Lion, finding that, as a matter of law, plaintiffs alleging failure to pay off-the-clock hours had to prove that their employer had actual or constructive notice of the employee’s overtime work. Because Davis failed to make such a showing, Food Lion was not liable for overtime compensation. On appeal, the Fourth Circuit affirmed the District Court’s decision.