Kernrechtsfrage
Whether the cantonal court violated federal law by requiring strict proof of overtime/overtime work instead of applying the reduced evidentiary standard of Art. 42(2) OR.
Extrahierter Entscheid
The reduced proof standard of Art. 42(2) OR did not apply in the circumstances; the claimant had to prove that compensable overtime within the statutory sense had actually been performed.
Extrahierte Begründung
The court held that the case concerned statutory overtime compensation under the Working Hours Act, not contractual overtime. The alleged difficulty of proof was not of such a nature that strict proof was impossible or unreasonable, and applying a lowered standard would not be justified because it would effectively shift the burden of proof.