• Employee’s Failure to Use Employer’s Timekeeping System Fatal to FLSA “Off the Clock” Claim, Tenth Circuit Rules

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“Affirming the dismissal of an employee’s claim for “off the clock” work under the federal Fair Labor Standards Act, the U.S. Court of Appeals for the Tenth Circuit has ruled that the employee’s failure to use his employer’s timekeeping system while working remotely was fatal to his claim for unpaid overtime. Brown v. ScriptPro, LLC, No. 11-3293 (10th Cir. Nov. 27, 2012). ”The Court noted that there was ‘no failure’ by the employer to keep accurate time records; rather, the employee failed to comply with the employer’s timekeeping system.” Source: JacksonLewis.com

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