Recently a Federal District Judge in Texas held that in this case, the woman stated in a deposition that she knew similarly situated men earned “more” than her. She did not know their exact salaries or how much “more,” only that they were paid “more.” She was allowed to proceed with her case to a jury because the employer did not come forth with evidence showing that it was not true. Would this court hold on appeal to the 5th Cir? I doubt it, because in a recent similar case the 5th cir said that truck drivers must show the weight of their vehicles to prove they are entitled to overtime. (If trucks are under a certain weight then the drivers are allowed overtime under the Fair Debt Collection Act). So the 5th Cir has a habit of putting the specific and exacting burden on employees and these general statements have not done well in the Federal Appeals Court (5th Cir.).
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