Question juridique clé
Whether the appellate court’s estimation of overtime was arbitrary.
Solution extraite
No. The court could rely on a reduced standard of proof and estimate overtime because the employer had failed to properly record and document working hours.
Motifs extraits
The employer violated its contractual duty to provide periodic hour statements and a year-end account. This hindered proof of each individual overtime hour, justifying evidentiary relief and a judicial estimate based on the employee’s submissions and the trial court’s expertise.