“The DOL letter, accompanied by the DOL report, bears the seal of the DOL and the signature of a DOL officer and is, therefore, self-authenticating. DOL investigative reports, although hearsay, are generally admissible hearsay, because they are public records under Federal Rule of Evidence 803(8). Public records are presumed admissible, unless the party opposing their admission demonstrates that the records are untrustworthy. Ali Baba presented no evidence and made no argument that the DOL letter or report is untrustworthy. Moreover, to the extent that Solano submits the report only to show the effect that it would have had on Ali Baba, it is not hearsay, because it was not offered for ‘the truth of the matter asserted. . . .’ The DOL letter and report are also relevant to the question of whether there was an FLSA violation prior to May 21, 2012, and whether that violation was willful.”  2016 WL 808815, at *4 (internal citations omitted).


Solano v. Ali Baba Mediterranean Grill, Inc., No. 3:15-CV-0555-G, 2016 WL 808815 (N.D. Tex. Mar. 2, 2016) (Fish, J.).