11th Circ. Revives FLSA Suit Against Alabama Law Firm

Law360 (October 15, 2019, 1:44 PM EDT) -- The Eleventh Circuit revived a suit Tuesday accusing Haynes & Haynes PC of violating federal law by denying a legal assistant overtime pay, pointing to a two-year-old en banc opinion in which the circuit court made it tougher for defendants to beat bankrupt plaintiffs' claims.

A three-judge panel reversed an Alabama federal court decision that granted plaintiff-side employment firm Haynes & Haynes summary judgment on former assistant Jenny Smith’s Fair Labor Standards Act claims under the doctrine of “judicial estoppel,” which is meant to prevent plaintiffs from abusing the legal system.

Citing a 2017 ruling that made it harder for defendants...

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