California, United States of America
The following excerpt is from Santos v. Vitas Healthcare Corp. of Cal., B222645, Los Angeles County Super. Ct. No. BC359356 (Cal. App. 2011):
2. VITAS cites Lindow v. United States (1984) 738 F.2d 1057, 1060 for the proposition that an employer must actually know the employee has worked overtime, but VITAS misreads Lindow. Disavowing older authority that had required "actual" knowledge, the Lindow court stated " 'we have more recently held that "an employer who knows or should have known that an employee is or was working overtime' is obligated to pay overtime. [Citation.] An employer who is armed with this knowledge cannot stand idly by and allow an employee to perform overtime work without proper compensation, even if the employee does not make a claim for the overtime compensation." [Citation.]' " (Id. at pp. 1060-1061.)
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