See, e.g., Wahl, supra . Babinski's remaining arguments lack sufficient merit for discussion. He cites no authority for allowing appellate attorney fees, so we deem the issue waived. Statutory damages for delay are vested in the Court's discretion, and we see no reason to award them here. Footnotes fn1 .
Overtime is time and one-half.
Babinski is not liable for Graham's overtime unless Babinski either expressly or by implication authorized the overtime. An express authorization occurs if the parties have a direct agreement, either in writing or oral for a worker to work overtime. An implied authorization occurs if Babinski knew or should have known that Graham worked overtime and allowed the overtime to continue or did nothing to prevent such overtime. In either situation, in order to prove his case, Graham must actually have performed the labor. In this case there is no doubt that Graham and Babinski had an employment contract whereby Babinski agreed to pay wages to Graham for a forty hour week.