RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 20a0076p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT QUOC VIET, ┐ Plaintiff-Appellant, │ │ > No. 18-6191 v. │ │ │ VICTOR LE; COPIER VICTOR, INC., │ Defendants-Appellees. │ ┘ Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville. No. 3:17-cv-00114—Harry S. Mattice, Jr., District Judge. Decided and Filed: March 10, 2020 Before: KETHLEDGE, BUSH, and MURPHY, Circuit Judges. _________________ COUNSEL ON BRIEF: Katherine A. Young, YOUNG LAW OFFICE, P.C., Knoxville, Tennessee, for Appellant. Dale J. Montpelier, MONTPELIER, DELLA-RODOLFA & LOPE, P.C., Knoxville, Tennessee, for Appellees. _________________ OPINION _________________ MURPHY, Circuit Judge. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1), requires employers to pay overtime to employees who work more than 40 hours per week. In this case, we consider the kind of evidence employees must present to create a jury question over whether they worked overtime. Quoc Viet bought used copiers for Victor Le and Le’s corporation, Copier Victor, and shipped these copiers to Vietnam for resale. After the parties’ relationship soured, Viet sued Le and Copier Victor alleging that they wrongly failed to pay him No. 18-6191 Viet v. Le Page 2 overtime. Viet testified that he typically worked 60 hours per week but offered few details to support his estimate. The district court found Viet’s testimony about his average workweek too vague and conclusory to withstand summary judgment. We agree and affirm. I Born in Vietnam, Quoc Viet immigrated to this country with his parents as a teenager. After years of service in the U.S. Navy, Viet settled near Knoxville, Tennessee, and began working as a handyman. In 2012, Viet met Victor Le while doing repair work at Le’s home. Like Viet, Le had also previously lived in Vietnam. While there, he had operated a company that imported and resold goods, including copiers. A couple years after Le immigrated to the United States, he incorporated another company, Copier Victor, to export copiers to Vietnam for resale in that country. Shortly after meeting Viet, Le asked him to invest in, and do work for, Copier Victor. Viet invested $10,000 in the company in exchange for payments of $750 every 30 or 40 days. He also received training from Le on how to purchase used copiers online. After training Viet, Le returned to Vietnam. From mid-2013 until September 2016, Le ran the business primarily from Vietnam and Viet ran the business primarily from the United States. Viet purchased used copiers in the United States and shipped them to Vietnam. Le then resold the copiers in that country. Viet conducted his stateside work from his home and a nearby warehouse. He communicated with Le through Facebook accounts, as well as by phone and messaging applications. Le typically gave Viet instructions on the types of copiers to buy and the general price range to seek. Viet would then search for copiers on websites like Craigslist and negotiate the price with ...
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