Eversheds Sutherland 11th Circuit Business Blog
content top

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,...

Court Rejects Plaintiff’s Claims for FLSA and Rehabilitation Act Violations

This week the Eleventh Circuit affirmed the lower court’s (N.D. Ala.) decision to reject a city employee’s claims for violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219, and the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. § 794. Boyle v. City of Pell City, 2017 WL 3429383 (11th Cir. Aug. 10, 2017). Judge Fay, writing for the three- judge panel,...

Common-Law Agency Principles, Not DOL Regulations, Dictate Whether Company Is a Joint “Employer”

The Eleventh Circuit considered the meaning of “employer” in the context of the H-2A visa program and declined to apply Chevron deference to a then-prevailing Department of Labor interpretation.  The court instead applied common-law agency principles.  Garcia-Celestino v. Consolidated Citrus Limited Partnership, 2016 WL 7240150 (Dec. 15, 2016), involved claims brought by a group of...

Employees May Join FLSA Collective Action With Rule 23 Class Action in Same Proceeding

The Eleventh Circuit has joined the D.C., Second, Third, Seventh, and Ninth Circuits in holding that employees may bring a collective action against their employer under § 216(b) of the Fair Labor Standards Act of 1938 (“FLSA”) in the same proceeding in which they seek Rule 23(b) certification of state-law claims. Calderone v. Scott, 2016 WL 5403589 (11th Cir. Sept. 28, 2016). The...

« Older Entries