Ihegword v. Harris Cnty. Hosp. Dist.

29 Citing cases

  1. Lindsey v. Harris Cnty.

    CIVIL ACTION NO. H-15-630 (S.D. Tex. Mar. 29, 2017)

    "An employee bringing an action pursuant to the FLSA, based on unpaid overtime compensation, must first demonstrate that [he] has performed work for which [he] alleges [he] was not compensated." Ihegword v. Harris Cty. Hosp. Dist., 555 F. App'x 372, 374 (5th Cir. 2014)(unpublished)(quoting Harvill, 433 F.3d at 441). A plaintiff may rely on the employer's records if they are "proper and accurate" or, if the records are "inaccurate or inadequate," may produce "sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference."

  2. Miller v. Texoma Med. Ctr., Inc.

    Case No. 4:13CV32 (E.D. Tex. Sep. 21, 2015)   Cited 1 times

    Once a plaintiff demonstrates the existence of actual damages, he has the burden to introduce "sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference." Ihegword v. Harris County Hosp. Dist., 555 Fed. App'x 372, 374 (5th Cir. Tex. 2014). First, the Court looks to whether there is competent summary judgment evidence that Plaintiff performed work for which he was not compensated as a TMC employee.

  3. Rickard v. Hennepin Home Health Care, Inc.

    Case No. 15-CV-3224 (JNE/KMM) (D. Minn. Oct. 17, 2016)   Cited 3 times
    In Rickard, the court found that plaintiff's estimates lacked detail, specificity, and consistency, especially because the plaintiff's payroll records were "not consistent with [her] blanket attestation that she worked numerous overtime hours on non-billable tasks...."

    In Ihegword v. Harris Cnty. Hosp. Dist., the Fifth Circuit Court of Appeals affirmed a district court's determination that failure to report a 40 hour workweek—in other words, the maximum amount of time that could have been reported without going into overtime—refuted allegations of working overtime. 555 F. App'x 372, 375 (5th Cir. 2014) (unpublished). Rickard's timesheets report under 40 hours of work for twenty-six of the sixty-one weeks she was at HHHC.

  4. Kirk v. Invesco, Ltd.

    CIVIL ACTION H-15-833 (S.D. Tex. Aug. 18, 2016)   Cited 2 times
    Setting out the burdens of proof under the Anderson framework

    Because the Magistrate Judge found that Kirk failed to meet her burden, the Magistrate Judge's Anderson analysis was complete, and the burden did not shift to Invesco. See Ihegword v. Harris Cty. Hosp. Dist., 555 F. App'x 372, 374 (5th Cir. 2014) (explaining that the employee bears the initial burden to produce sufficient evidence that she has performed work for which she was not compensated). The court finds nothing in the M&R that deviates from the standard set forth in Anderson.

  5. Yassine v. La Dolbe, LLC

    Case No: 6:15-cv-65-Orl-40DAB (M.D. Fla. Feb. 11, 2016)

    66 over his eleven months of employment as a busboy with Defendant (Yassine Dep. 14-15), and 40% more than the $9,600 Plaintiff estimated he received according to his Answers to Court Interrogatories (Doc. 14-1). Defendant argues that an employer is entitled to summary judgment when the plaintiff fails to produce sufficient evidence for the fact-finder to conclude that she performed uncompensated overtime work. Doc. 25 at 6-7 (citing Ihegword v. Harris County Hospital District, 555 Fed. Appx. 372, 375 (5th Cir. 2014) (holding that other than the plaintiff's "unsubstantiated assertions speculated from memory," she could not prove the amount and extent of uncompensated overtime as a matter of just and reasonable inference); Santiago v. Saunders, 2015 WL 4454782, *2 (S.D. Fla. 2015) (granting employers motion for judgment as a matter of law where there was no reasonable basis to determine whether the plaintiff was underpaid or by how much and his "entire case relie[d] on his uncorroborated testimony that he 'sometimes' worked through lunch 'maybe once or twice per month' and [his attorney's] blanket assertion that [he] worked 52.5 or 60.5 hours per week"). Plaintiff was born in Errachaidia, Morocco in 1979 and his first language is Arabic. Doc. 30-1. He moved to the United States in September or October 2013 right before he began work at Defendant's restaurant.

  6. Cole v. City of Port Arthur

    CIVIL ACTION NO. 1:13-CV-176 (E.D. Tex. Jul. 16, 2014)   Cited 4 times

    An employee who brings suit for unpaid overtime compensation under the FLSA bears the burden of proving, with definite and certain evidence, that he performed work for which he was not compensated properly. See Anderson v. Mt. Clemens Pottery Co., 328 U.S. 686-87 (1946); see also Reeves v. Int'l Tel. & Tel. Corp., 616 F.2d 1342, 1351 (5th Cir. 1980), cert. denied, 449 U.S. 1077 (1981); Garner v. Chevron Phillips Chem. Co., L.P., 834 F. Supp. 2d 528, 545-46 (S.D. Tex. 2011); Agee v. Wayne Farms LLC, 675 F. Supp. 2d 684, 690 (S.D. Miss. 2009); accord Ihegword v. Harris Cnty. Hosp. Dist., 555 F. App'x 372, 374 (5th Cir. 2014). When the employer is in possession of the pertinent employment records, "the employee may easily discharge his burden by securing the production of those records.

  7. White v. Patriot Erectors, LLC

    No. 23-50524 (5th Cir. Jun. 26, 2024)

    Id. at *6 (quoting Ihegword v. Harris Cty. Hosp. Dist., 555 Fed.Appx. 372, 374 (5th Cir. 2014)). The plaintiff's failure to show that his employer instructed him not to record his time was not dispositive of the issue but was instead just one of the factors the court considered.

  8. Kirk v. Invesco, Ltd.

    No. 16-20601 (5th Cir. Jul. 6, 2017)   Cited 7 times

    But an employee must provide more than mere "unsubstantiated assertions." Harvill, 433 F.3d at 411; see Ihegword v. Harris Cty. Hosp. Dist., 555 F. App'x 372, 375 (5th Cir. 2014). Even though Kirk presented the district court with more than just her own assertions, we agree with the district court's conclusion that this "additional evidence is insufficient to substantiate her testimony that she worked overtime."

  9. Fairchild v. All Am. Check Cashing, Inc.

    815 F.3d 959 (5th Cir. 2016)   Cited 80 times
    Holding that "computer usage reports" did not place an employer on notice that an employee was working uncompensated overtime when the employee refused to utilize the employer's established method of reporting overtime

    In light of the evidence introduced, the district court did not clearly err in finding that Fairchild did not prove that she had in fact worked overtime during this period and had not been paid for it. See, e.g., Ihegword v. Harris Cty. Hosp. Dist., 555 Fed.Appx. 372, 375 (5th Cir.2014) (rejecting an FLSA overtime claim where the employee's only evidence was her “unsubstantiated assertions speculated from memory ... that she actually worked overtime for which she was not compensated”). B. The Title VII Claim

  10. Forbes v. Britt's Bow Wow Boutique, Inc.

    23-cv-23216-BLOOM/Torres (S.D. Fla. Aug. 19, 2024)

    See Everett v. Grady Mem'l Hosp. Corp., No. 1:15-CV-173-SCJ, 2016 WL 9651268, at *24 (N.D.Ga. May 12, 2016), aff'd, 703 Fed.Appx. 938 (11th Cir. 2017) (granting summary judgment where (1) it was undisputed the defendant's timekeeping system recorded the plaintiff's “on-call” hours, (2) there was no evidence a specific supervisor informed the plaintiff she could not work overtime, (3) the plaintiff testified she had not made an estimate of her hours worked); Ihegword v. Harris Cnty. Hosp. Dist., 555 Fed.Appx. 372, 375 (5th Cir. 2014) (co-worker testimony and timecards “soundly refuted [the plaintiff's] allegations of clocking out and continuing to perform uncompensated overtime work.”)