Put Up or Shut Up: 8th Circuit Shuts Down Overtime Claim Because Plaintiff’s Guestimates of His Hours Worked Are Insufficient

The facts are familiar:

An employee who is classified as exempt files suit claiming misclassification and seeking overtime pay.
Understandably, the employer does not have time records for the employee because he was treated as exempt and paid on a salary basis.
Employee fills the void by testifying that he worked 60 hours every single week based on approximations and estimates of his daily routines.

All too often, such generalized testimony about weekly hours worked is enough for a plaintiff to survive summary judgment and be given a ticket to plead his case to a jury of his peers.

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