For each appellant, Ms. Collins attempted to convert USSI's records into a summary showing the total number of hours worked in each workweek, along with the number of workweek hours, if any, for which the employee had been compensated at the overtime rate. Exhibit 16 showed that each appellant was owed some amount of unpaid overtime wages. USSI contended that Ms. Collins' treatment of unmarked checks failed to take account of USSI's alleged practice of issuing make-up checks for overtime wages after the pay period in which the overtime hours had been worked, a practice of which Ms. Collins was not aware. USSI also argues that Exhibit 16 was flawed because Ms. Collins was not aware that a pretrial order issued in the case had excluded hours worked at certain locations from consideration. Brief for Appellee at 8.
Appellants respond that the pretrial order imposed no such limitation.
Reply Brief for Appellants at 7. On remand, the trial court is free to interpret its own pretrial order in assessing damages. See Brief for Appellee at 8. Tab 6 at 106 07. In Mt. Clemens, the Supreme Court established the framework for allocating burdens of proof in cases brought under the FLSA for unpaid wages or overtime compensation.