Divided 8th Circuit Reinstates Wage Dispute as Questions Remain Over Employer's Communicated Policies
“A reasonable jury could find that the absence of any time sheets submitted during the two-year audit period, contrasted with the over 800 time sheets submitted in a four-month period two years later, is evidence that Levering failed to effectively communicate its policy—which did not change—to employees during the audit period,” Judge Jane L. Kelly said in the majority’s decision.