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GRAHAM v. BABINSKI PROPERTIES

No. 19680.

562 N.W.2d 395 (1997)

1997 SD 39

Floyd GRAHAM, Plaintiff and Appellee, v. BABINSKI PROPERTIES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 9, 1997.

Attorney(s) appearing for the Case

Jay Kolb, Sioux Falls, for plaintiff and appellee.

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, L.L.P., Sioux Falls, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Floyd Graham, an employee of Babinski Properties, sought overtime pay after his supervisors imposed duties he could not complete within his regular shift. Babinski refused, insisting their only agreement was for forty hours a week. Graham brought suit under the Fair Labor Standards Act claiming his superiors had reason to know he was working overtime. Can Babinski's constructive knowledge...

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