This case has been cited 1 times or more.
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2010-07-13 |
BRION, J. |
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| We find no basis for the overtime pay award. The records do not support Bautista's incredible claim that she worked everyday until midnight during her entire employment with the petitioners. In the face of the petitioners' defense that overtime pay can be claimed only "if an employee has a pre-approved overtime schedule and daily time record,"[63] the labor arbiter should have asked for the production of daily time records and proof that she had been allowed or required to render overtime work in the manner and to the extent she sweepingly claimed. For lack of credible evidence supporting the award, the labor arbiter gravely abused his discretion in the grant he made. A claim for overtime pay, it must be stressed, cannot be granted in the absence of supporting factual and legal basis.[64] | |||||