Cos. That Pay OT Claims Can Duck Atty Fees: 11th Circ.

Law360, New York (July 28, 2011, 8:34 PM EDT) -- The Eleventh Circuit ruled Thursday that an employer accused of violating the Fair Labor Standards Act is not required to reimburse a plaintiff for attorneys' fees and costs when the employer pays out the claim and a court declares the case moot.

A three-judge panel said a Florida district court's ruling dismissing with prejudice an overtime suit between warehouse clerk Perry R. Dionne and former employer FloorMasters Enterprises Inc. did not trigger mandatory reimbursement of Dionne's legal fees under the FLSA.

Despite Dionne's claims that as...
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