DuPont v. Active Plumbing Supply Co., 1:16-cv-02363

Plaintiff Kristine DuPont worked as a salaried kitchen/bath designer and showroom associate for Active Plumbing from June 3, 2014 to May 3, 2016.
Her salary covered a 40-hour workweek, but she regularly performed after-hours and offsite customer appointments that often resulted in overtime.
Active Plumbing paid overtime on some occasions but DuPont claims additional unpaid overtime under the FLSA.
Active Plumbing moved for summary judgment, arguing DuPont failed to report overtime and the company lacked actual or constructive knowledge of unreported offsite hours.
DuPont counters that she was told she was "salaried/exempt" and discouraged by HR from tracking or reporting overtime; she points to testimony, records, and calendars suggesting the employer knew or should have known of overtime.
The district court denied summary judgment, finding a genuine factual dispute over whether Active Plumbing knew or should have known DuPont worked unpaid overtime.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DuPont worked unpaid overtime	DuPont asserts she performed overtime hours beyond paid time and was discouraged from reporting them	Active Plumbing does not dispute hours worked for summary-judgment purposes	Genuine dispute exists as to unpaid overtime hours (trial issue)
Whether employer had actual knowledge of unpaid overtime	DuPont says HR and supervisors told her she was exempt and discouraged reporting, and records corroborate employer knowledge	Active Plumbing says DuPont failed to report hours and offsite appointments would be unknown to employer	Court finds a factual dispute about employer knowledge — summary judgment inappropriate
Whether employer had constructive knowledge of unpaid overtime	DuPont contends company records/calendars and employee testimony show reason to know	Active Plumbing argues lack of reported hours defeats constructive knowledge claim	Court holds constructive knowledge is a jury question given competing evidence
Appropriateness of summary judgment	DuPont: disputes of material fact exist on knowledge and reporting	Active Plumbing: reasonable reporting system and no evidence of notice	Court denies summary judgment; issues reserved for jury

Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard governs whether genuine issues of material fact exist)
Craig v. Bridges Bros. Trucking LLC, 823 F.3d 382 (6th Cir.) (plaintiff must show employer had actual or constructive knowledge of unpaid overtime to prevail under FLSA)