United States Eleventh Circuit

In an action against plaintiff's former employer for unpaid overtime wages under the Fair Labor Standards Act (FLSA), the district court's holding that plaintiff was an exempt administrative employee under the FLSA is reversed and the matter is remanded for a trial on damages where the administrative exemption issue was not tried by implied consent as plaintiff's testimony was relevant to another defense in this case: defendant's independent contractor defense.

Appellate Information

• Decided 12/13/2010
• Published 12/13/2010

Judges

• Array

Court

• United States Eleventh Circuit

Counsel