Log Truck Driver Appeals Courts Dismissal of Unpaid Overtime Wages

In the case of Arlington v. Miller’s Trucking, Inc., Oliver Arlington, a former log truck driver for Miller’s Trucking, claimed that he was owed wages based on a verbal employment agreement guaranteeing him a yearly salary of $60,000 to $70,000. He also claimed unpaid overtime wages. However, the initial hearing officer dismissed his claims and stated that there was no agreement for a guaranteed wage over $60,000 per year and that Arlington was exempt from the Fair Labor Standards Act’s overtime requirements. Arlington appealed this decision, and the court decided to remand the case.

On remand, Arlington presented job advertisements as evidence. However, the hearing officer concluded that the ads didn’t prove the existence of an agreement for a wage higher than $60,000 per year. Arlington also claimed unpaid overtime wages and provided evidence of the hours he worked, showing he worked a lot of overtime. Miller’s challenged the credibility of Arlington’s evidence, suggesting that he exaggerated his claimed hours. 

The hearing officer found that Miller’s couldn’t keep records of Arlington’s hours because Arlington didn’t provide them as requested. The officer also found inconsistencies in Arlington’s records and conflicting testimonies from other employees. As a result, the hearing officer determined that Arlington didn’t provide enough evidence to prove the number of hours he worked.

The court concluded that there was sufficient credible evidence supporting that there was no oral agreement between Arlington and Miller’s. Second, the court found that the hearing officer was wrong to blame Arlington for the lack of records and to set a higher burden of proof. The court clarified that it’s the employer’s responsibility to maintain accurate records, and Arlington’s evidence, although not perfect, met the legal standards required. The case was remanded again.

Key lessons from this case:
  • Verbal employment agreements should be supported by substantial evidence to prove their existence.
  • Employees can use their records to substantiate their claims for unpaid overtime if the employer fails to keep proper records.
  • Employees cannot be penalized for an employer’s lack of maintaining accurate employee records.

If you want to know more about overtime regulations, read our guide on Montana Overtime Laws.

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