Davis v. Food Lion

Jerry Davis (plaintiff) worked as a meat-market manager for Food Lion (defendant), a grocery-store chain. Davis was an hourly employee. Food Lion did not permit hourly employees to work unrecorded or off-the-clock hours. Davis was aware of this policy yet still worked off-the-clock hours. Davis’s supervisor reprimanded him on two occasions for working off-the-clock. He was also reprimanded once when it appeared he was working off-the-clock when he was not. Davis claimed he worked 1,414 off-the-clock overtime hours during his two-and-a-half years of employment with Food Lion. The reason Davis worked off-the-clock was that Food Lion implemented an effective-scheduling system. The effective-scheduling system was originally intended to be a general time guideline. However, Food Lion supervisors had been using the system to evaluate meat-market-manager performance. Davis felt that he needed to work secretly, off the clock, to avoid discipline as he had been threatened with the prospect of suspension or termination in the past when he failed to meet the standards set by the system. Some evidence suggested that Food Lion management was aware that the effective-scheduling system allowed for too few hours to complete all required work. However, several supervisors testified that the system’s requirements could be met without off-the-clock work and meat-market managers simply worked off the clock to improve their metrics. Davis brought an action for recovery of overtime pay under the Fair Labors Standards Act (FLSA). The case proceeded to a bench trial in the district court. The court found that Davis did not prove Food Lion had actual or constructive knowledge of his overtime hours and entered judgment for Food Lion. Davis appealed to the United States Court of Appeals for the Fourth Circuit.