“[The] declarations and timesheets [produced by Plaintiff] establish that there were weeks in which [Defendant’s] employees worked more than forty hours, and [two employees] both state in their declarations that they were not paid an overtime rate for this work. . . . [N]othing in [another employee’s] declaration refutes Plaintiff’s claim that employees often worked over forty hours a week and were not paid time-and-a-half for those hours. [That employee] states only that she felt that her ‘pay was fair and acceptable’ and that it was her choice to work more than forty hours a week. . . . [That employee’s] declaration, then, does not in any way create a genuine dispute of fact as to whether [Defendant] failed to meet the overtime requirements of the FLSA.” 2016 WL 5122123, at *4
McDaniel v. Family Sleep Diagnostics, Inc., Civil Action No. 3:13-CV-4031-KS, 2016 WL 5122123 (N.D. Tex. Sept. 20, 2016).