Forrester v. Roth's I.G.A. Foodliner, Inc

In Forrester v. Roth's I.G.A. Foodliner, Inc. (9th Cir. 1981) 646 F.2d 413, the court held that "where an employer has no knowledge that an employee is engaging in overtime work and that employee fails to notify the employer or deliberately prevents the employer from acquiring knowledge of the overtime work, the employer's failure to pay for the overtime hours is not a violation of 207." (646 F.2d at p. 414.) "An employer must have an opportunity to comply with the provisions of the Fair Labor Standards Act (FLSA). This is not to say that an employer may escape responsibility by negligently maintaining records required by the FLSA, or by deliberately turning its back on a situation. However, where the acts of an employee prevent an employer from acquiring knowledge, here of alleged uncompensated overtime hours, the employer cannot be said to have suffered or permitted the employee to work in violation of 207(a)." (Id. at pp. 414-415.)