The overtime attorneys at Morgan and Morgan applaud Judge Whittermore’s decision in Klinger v. Phil Mook Enterprises that a defendant’s mere tender of payment absent attorneys’ fees and costs does not moot a Fair Labor Standards Act (FLSA) action. This order follows a recent 11th Circuit Court of Appeals ruling in Dionne v. Floormasters Enterprises, Inc. that plaintiffs are not entitled to attorney fees, a recoverable damage under the FSLA, if the defendant paid them actual damages, liquidated damages and interest outside of a settlement. A petition for en banc hearing has been filed in the Dionne case, and a certification to the Supreme Court is being prepared to the extent that anyone can provide amicus briefing. For more information, please contact Carlos Leach, an overtime attorney with Morgan and Morgan, at cleach@forthepeople.com.
Under the FLSA, employees who file successful claims may be entitled to a number of damages. Typically, they can recover up to two years of
unpaid overtime and minimum wages, or in cases of willful violations, up to three years of back pay beginning from the date the complaint is filed. In addition, the plaintiff may be entitled to liquidated damages, which match the amount of back pay awarded. The defendant will also be responsible for reimbursing the plaintiff for all out-of-pocket litigation expenses and paying the employee’s attorneys’ fees and costs, according to the FLSA. The ruling in Dionne v. Floormasters Enterprises, Inc. challenged this provision under the FLSA, and while Judge Whittermore’s order found that a defendant cannot avoid responsibility for attorneys’ fees by merely providing full payment after the beginning of litigation, it is possible that the Dionne ruling could be interpreted differently in the future.
The
overtime lawyers at Morgan and Morgan work to ensure employees who are subjected to wage and hour violations are fully compensated for their losses, which according to the FLSA, include reasonable attorneys’ fees and costs. To learn more about the recoverable damages under the FSLA, and to find out if you have a legal claim against your employer, visit
http://www.usovertimelawyers.com/ today.
About Morgan and Morgan:
The employment law division at Morgan and Morgan is dedicated to protecting the rights afforded to employees under state and federal labor laws. The attorneys within this department handle cases involving unpaid overtime, minimum wage violations, sexual harassment and workplace discrimination. If you suspect your employment rights have been violated, visit USOvertimeLawyers.com or ForThePeople.com today for a free case evaluation and information on your legal rights.
