Daniels v. 1710 Realty LLC, 497 F. App'x 137

Daniels brought FLSA and New York Labor Law claims for unpaid minimum and overtime wages against 1710 Realty LLC/1710 Realty Associates.
District Court (Eastern District of New York) dismissed Daniels’ action after a bench trial.
Parties agreed 1710 Realty failed to keep records of Daniels’ hours.
The court applied the Anderson v. Mt. Clemens shifting analysis for missing time records.
Daniels alleged overtime hours but provided vague testimony about actual hours worked.
Court held 1710 Realty was unaware Daniels worked weekends; upheld dismissal and entered judgment for appellees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court properly weighed Daniels’ testimony on overtime.	Daniels argues credibility supports overtime finding.	1710 Realty argues testimony insufficient and unreliable.	No clear error; credibility-weighting supported by record.
Whether employer’s knowledge of overtime can be inferred despite lacking records.	Kuebel fault-knowledge framework supports inference of overtime.	Employer’s lack of knowledge beyond record-keeping; not liable.	District finding that employer was unaware of weekend work was not clearly erroneous.

Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (U.S. 1946) (burden-shifting framework for unpaid overtime when records are missing)
Grochowski v. Phoenix Construction, 318 F.3d 80 (2d Cir. 2003) (speculative testimony insufficient to prove hours worked)
Kuebel v. Black & Decker Inc., 643 F.3d 352 (2d Cir. 2011) (employer knowledge required before denying overtime when records are poor)
Diesel Props S.r.l v. Greystone Bus. Credit II LLC, 631 F.3d 42 (2d Cir. 2011) (credibility determinations are within district court's province)
Design Strategy, Inc. v. Davis, 469 F.3d 284 (2d Cir. 2006) (clearly erroneous standard for findings of fact)