The 1st U.S. Circuit Court of Appeals affirmed a lower court’s admission of employees’ testimonies to establish the employer’s pay practices by finding that the testimonies represented an adequate sampling of the employer’s workforce.
The stonemasonry business is seasonal, starting around March and usually ending around the first snowfall. During those in-season months, the plaintiff claimed that he and his associates worked six days per week with weekly hours totaling about 57 hours. The plaintiff’s former colleague also testified that his hours were similar. The employer contended that none of its employees worked more than 40 hours in a week and presented testimony from three other employees to that effect.
