United States Fifth Circuit

In a suit under the Fair Labor Standards Act (FLSA) claiming unpaid overtime wages, summary judgment that plaintiffs were employees rather than independent contractors is affirmed, and that one plaintiff was judicially estopped from arguing his employee status is vacated, where: 1) considering all relevant factors, plaintiffs were employees of defendant, rather than contractors; and 2) the estopped plaintiff could assert that he was en employee for FLSA purposes, despite having argued in a previous action that he was an independent contractor for Texas Commission on Human Rights Act purposes.

Appellate Information

• Decided 10/13/2008
• Published 10/13/2008

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARZA and ELROD, Circuit Judges, and HICKS, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Larry A. Flournoy, Jr., Jordan, Houser & Flournoy, Richardson, TX, for Hopkins and Collective Action Members., Douglas W. Alexander, Alexander, Dubose, Jones & Townsend, LLP, Austin, TX, for Amici Curiae.


• For Appellees:
  
• Alex M. Miller (argued), Watts Law Firm, San Antonio, TX, Mikal C. Watts, Watts Law Firm, Corpus Christi, TX, Francisco Guerra, IV, Watts Law Firm, Edinburg, TX, for all Plaintiffs-Appellees-Cross-Appellants., David E. Keltner (argued), John Thomas Wilson, IV, Kelly, Hart & Hallman, Fort Worth, TX, Linda Ottinger Headley, Littler Mendelson, Houston, TX, Steven R. McCown, Eduardo Flores Cuaderes, Jr., Jeremy Wayne Hawpe, Littler Mendelson, Dallas, TX, for Defendants-Appellants-Cross-Appellees.