Jerry Merritt v. Texas Farm Bureau, et al.

Jerry Merritt sued Respondents for unpaid overtime under the Fair Labor Standards Act. The trial court ruled he was a non-exempt employee who had worked an undisputed 816 hours of overtime. Under the FLSA, an employer must pay a premium for overtime hours it employs an employee. 29 U.S.C. § 207. “Employ” as defined “includes to suffer or permit to work.” 29 U.S.C. § 203(g). Respondents expressly allowed Merritt to work as much as he wished. Nevertheless, the Fifth Circuit ruled that Respondents need not pay him any overtime premium because they did not know he was working overtime hours. The question here is whether an employer who permits an employee to work as much as the employee wishes “employs” the worker under the FLSA for overtime worked, or must the worker also show the employer knew about the overtime work.