11th Circ. Bars Exemption Defense In Jaguar OT Suit

Law360, New York (December 15, 2010, 3:53 PM EST) -- A federal appeals court has found that a lower court improperly allowed Jaguar Restaurant Group LLC to use an administrative exemption defense in a bookkeeper's putative class action alleging unpaid overtime.

In an opinion Monday overturning a judgment against the bookkeeper, the U.S. Court of Appeals for the Eleventh Circuit ruled that the restaurant company was unable to use that affirmative defense because it wasn't part of its answer to labor violation allegations and the company never tried to amend its answer to include the defense...
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