Fifth Circuit Upholds Decision to Award Overtime Compensation and Attorney’s Fees in FLSA Lawsuit
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Fifth Circuit Upholds Decision to Award Overtime Compensation and Attorney’s Fees in FLSA Lawsuit

Plaintiffs Shannon Owens and Micah Pack are former employees of Defendants Marstek, L.L.C. and SKCMK, L.L.C.  Plaintiffs assert that they were not compensated for the overtime hours that they worked at Marstek.  Pack submitted a complaint to the Department of Labor (DOL) and the DOL concluded that certain employees, including Owens and Pack, were owed back wages, which the DOL calculated.  Plaintiffs received increases in their paychecks and were informed by their employer that the money was payments for back wages from the DOL settlement.  The payments for back wages were much lower than Plaintiffs had calculated.  Plaintiffs refused the money in payment of the DOL settlement of back wages.  Plaintiffs filed suit alleging the Defendants violated the Fair Labor Standards Act (FLSA) by failing to pay overtime compensation.  The district court held that the Defendants were liable to Plaintiffs for violating the FLSA.  The court agreed with Plaintiffs that the settlement reached between the DOL and Defendants has no bearing on Plaintiffs’ ability to bring this case since Plaintiffs did not accept the offer because they found it too low.  The court also awarded attorney’s fees and costs to Plaintiffs.  The Fifth Circuit affirmed, concluding that the district court was correct in all respects.   

Owens v. Marstek, L.L.C., No. 13-10347 (5th Cir. Dec. 5, 2013).

Owens v Marstek.pdf

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