Doty v. Elias
United States Court of Appeals for the Tenth Circuit
733 F.2d 720 (10th Cir. 1984)
Becky Doty and other employees (plaintiffs) worked at a restaurant owned by Eddy Elias (defendant). Elias did not pay hourly wages to the plaintiffs, but allowed them to keep all of their tips from customers. The plaintiffs brought suit against Elias, alleging that this practice violated federal labor laws. Prior to trial, the plaintiffs each compiled, from memory, schedules of the days and times the plaintiffs had worked at the restaurant. The plaintiffs did not introduce these schedules into evidence. During trial, the judge permitted the plaintiffs to refer to their recreated work schedules while testifying. The district court found that Elias violated federal labor laws. Elias appealed, arguing that the plaintiffs’ use of the recreated work schedules during their testimony constituted inadmissible hearsay.
Rule of Law
Holding and Reasoning (Logan, J.)
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