United States Eleventh Circuit

In action against defendant to recover for violations of the Fair Labor Standards Act, summary judgment for defendant is reversed in part where triable issues of fact remain as to some plaintiffs' claims that they worked overtime without compensation. As such, the district court's ruling that the two-year limitation applies is reversed and a determination of which statute of limitations to apply must be reserved until it is determined whether a violation of the FLSA occurred in this case.

Appellate Information

• Decided 08/17/2007
• Published 08/17/2007

Judges

• COVINGTON, District Judge:, Before BIRCH and PRYOR, Circuit Judges, and COVINGTON, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Brent Jeffrey Kaplan, Meredith H. Ragains, Robins, Kaplan, Miller & Ciresi, LLP, Atlanta, GA, for Plaintiffs-Appellants.


• For Appellees:
  
• Sherry Hall Culves, W. Warren Plowden, Jr., Sharon Hurt Reeves, Jones, Cork & Miller, LLP, Macon, GA, for Defendant-Appellee.