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Davis v. Food Lion

DISCLAIMER: Our firm's past results do not predict or guarantee future success. Each case is unique. Read more

In Brief

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.

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