Eversheds Sutherland 11th Circuit Business Blog
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Dual Jobs and Dueling Opinions: Divided Panel Reverses Summary Judgment in Employer’s Favor in FLSA Case

A divided panel of the Eleventh Circuit reversed summary judgment for the employer on an employee’s Fair Labor Standards Act (“FLSA”) claims in Rafferty v. Denny’s, Inc., 13 F.4th 1166 (11th Cir. 2021). Lindsay Rafferty, who had been a Denny’s server, claimed that the restaurant violated the FLSA in paying her sub-minimum wage for time she spent doing non-tip-producing work. The...

Appeal on the Merits Untimely, and Costs Award to Defendant Under Rule 68 Affirmed, in FLSA Case

In a hectic end to 2020, we almost overlooked an interesting appellate procedure opinion affecting FLSA cases, Vasconcelo v. Miami Auto Max, Inc., 981 F.3d 934 (11th Cir. 2020). In Vasconcelo, the Eleventh Circuit dismissed an FLSA plaintiff’s appeal on the merits as untimely; affirmed the district court’s attorneys’ fees award, which awarded less than the plaintiff had sought; and...

Eleventh Circuit Affirms Judgment for Employer in Paralegal’s FLSA Overtime Action

The Eleventh Circuit clarified the standards for relief under Rule 59 of the Federal Rules of Civil Procedure in Jenkins v. Anton, 2019 WL 1894415 (11th Cir. Apr. 29, 2019). After a paralegal sued her employer for overtime wages under the Fair Labor Standards Act and lost at a bench trial, she was denied relief under Rules 59 and 60. On appeal, she argued that the denials were abuses...

Eleventh Circuit Reverses Sanctions Award Against FLSA Plaintiff

In Silva v. Pro Transp., Inc., __ F.3d __, 2018 WL 3801663 (11th Cir. Aug. 10, 2018) (per curiam), the Eleventh Circuit applied its prior decision in Slater v. U.S. Steel Corp., 871 F.3d 1174 (11th Cir. 2017 ) (en banc) (see our blog post here) to reverse a sanctions award against a FLSA plaintiff and his attorneys.  The plaintiff, Juan Antonio Silva, first consulted a lawyer about his...

FLSA Opt-Ins Become Party Plaintiffs Upon Filing Written Consents

In Mickles v. Country Club Inc., 2018 WL 1835316 (11th Cir. Apr. 18, 2018), the Eleventh Circuit held, considering a question of first impression in any circuit, that filing a written consent to proceed as a party plaintiff in an FLSA collective action confers party plaintiff status on the filer, even if no collective action is certified. Mickles filed her complaint in April 2014,...

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