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Did the Eleventh Circuit just kill the mootness defense in FLSA cases?

Duane Morris LLP
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USA
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January 17 2012

Last week, the Eleventh Circuit issued a revised opinion in an important Fair Labor Standards Act case, Dionne v. Floormasters, that calls into question the continued viability of the mootness defense in Fair Labor Standards Act cases

Considering the proximate cause limitation under the “cat’s paw” theory of liability

Duane Morris LLP
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USA
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November 28 2011

The “cat’s paw” theory of liability in employment discrimination cases received much attention earlier this year, when the United States Supreme Court approved its use in a case under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA

Eleventh circuit weighs in on FLSA individual and enterprise coverage

Duane Morris LLP
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USA
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November 22 2011

The Eleventh Circuit Court of Appeals has issued an opinion that provides a good primer on individual and enterprise coverage under the Fair Labor Standards Act

FLSA boom continuing in Florida, and spreading

Duane Morris LLP
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USA
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November 11 2011

A friend recently sent me some statistics on FLSA filings in federal court

Another court dismisses FLSA case as moot but questions still remain about the mootness doctrine following Dionne v. Floormasters

Duane Morris LLP
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USA
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November 2 2011

A Florida federal court recently dismissed an FLSA action as moot, thereby denying plaintiff’s counsel a fee recovery, after plaintiff’s counsel deposited a check representing full compensation for plaintiff’s actual and liquidated damages

Is pregnancy discrimination illegal under Florida law? Courts are divided

Duane Morris LLP
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USA
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October 10 2011

The Florida Civil Rights Act, which. among other things, prohibits sex discrimination in employment, does not prohibit pregnancy discrimination, according to a recent decision by a federal judge in Florida

Title VII claims barred by res judicata effect of arbitrator’s civil service ruling

Duane Morris LLP
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USA
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September 30 2011

An arbitrator’s decision upholding an employee’s termination under civil service rules barred, under the doctrine of res judicata, the employee’s subsequent Title VII claims, according to a recent decision by a Florida federal judge in Palmer v. Miami-Dade County, Florida (Case No. 10-23478-CIV-COOKETURNOFF (S.D. Fla., April 25, 2011

General assignment clause is sufficient for enforcement of non-compete agreement by assignee

Duane Morris LLP
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USA
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September 12 2011

Section 542.335, Florida Statutes, permits the enforcement of non-compete and other restrictive covenants by assignees and successors, provided that “the restrictive covenant expressly authorized enforcement by a party’s assignee or successor.”

Eleventh Circuit adopts elastic standard for COBRA improper-notice claim accrual

Duane Morris LLP
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USA
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August 27 2011

Courts often hold that parties are presumed to know the law

Big enough to drive a truck through? Considering Florida’s “ulterior purpose” exception to the third party requirement of a tortious interference claim

Duane Morris LLP
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USA
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July 14 2011

There is no basis for holding an individual liable under Title VII, the Florida Civil Rights Act, or the Florida private sector Whistleblower’s Act