In a letter, the Department responded it would investigate the claim when its backlog of cases permitted, but it also advised Graham that he could pursue a private action. A unanimous jury agreed. We review instructions as a whole. They are sufficient if they correctly state the law and so inform the jury. Courts should instruct on issues supported by competent evidence in the record.
Error is reversible only if it is prejudicial.
An express contract is one, the terms of which are stated in words. An implied contract is one, the existence and terms of which are manifested by conduct. Courts must construe the Act liberally to aid its intended beneficiaries. An employee bringing an action for overtime wages must prove by a preponderance of evidence the work was actually performed. Proof of the amount and extent of work performed may be inferred from the circumstances.