Law Offices of Robin Bresky Wins Appeal on Behalf of Employer in Fair Labor Standards Act Case

Bresky_Employment Law

Klein v. Floranada Warehouse and Storage, Inc., No. 16-11342 (11th Cir. Jan. 26, 2017).*

The Law Offices of Robin Bresky, through Of Counsel attorney Michele Feinzig, recently won an appeal in the United States Court of Appeals for the Eleventh Circuit, on behalf of an employer who was sued by a former employee for alleged violations of the Fair Labor Standards Act (“FLSA”).

The former employee had sued Floranada, a family-owned warehouse facility, claiming that Floranada failed to pay him overtime pay at time-and-a-half for hours he worked in excess of forty (40) hours per week, as required by the FLSA. A jury decided in favor of Floranada, finding that the employee was properly paid and was not due any additional overtime compensation (beyond the commissions or non-discretionary bonus payments for which the employee was granted a partial summary judgment, which was not at issue in the appeal).

On appeal, the employee argued that the District Court erred in denying his motions for directed verdict and judgment notwithstanding the verdict, because his pay structure (being paid the same amount every week for working the same hours every week) was purportedly an illegal attempt to create a “Belo agreement” based on Walling v. A. H. Belo Corp., 316 U.S. 624 (1942). Essentially, the employee claimed that his employment relationship was required to, but did not, fit into the “Belo agreement” exception to the general FLSA overtime rule.

Our firm’s brief to the Eleventh Circuit on behalf of Floranada described all of the evidence showing that the employee was properly paid time-and-a-half for all overtime hours worked, and distinguished the case law on which the employee relied. The Eleventh Circuit agreed, finding “no merit to Klein’s argument that his pay structure emanated from a vain attempt to establish a Belo agreement” and concluding that the employee’s motions for directed verdict and judgment notwithstanding the verdict were properly denied. The Law Offices of Robin Bresky is thrilled to have secured this victory for the client.

* Not final until issuance of the Mandate.