Where a cable and television technician brought an action against his employer for unpaid overtime compensation and breach of contract for the alleged unilateral decrease of his pay without notice, the technician’s affidavit supported an inference that the employer knew that he was working hours for which he was not paid because he asserted that supervisors prevented him from recording all of the hours that he worked, so a genuine issue of fact precluded summary judgment for the employer, and summary judgment is also reversed on the claim for breach of contract because the technician created a genuine issue as to whether he was paid less than required by the piece-rate schedule.
Judgment is reversed and remanded.
Stanbrough v. Vitek Solutions, Inc. (MLW No. 66610/Case No. ED100567 – 21 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis County, Jamison, J. (Mark A. Kistler for appellant) (Joy D. McMillen and Jeffrey B. Hunt for respondent).