United States Fifth Circuit

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Martin v. PepsiAmericas, Inc., 09-60896

In an action for unpaid overtime wages allegedly due under the Fair Labor Standards Act, the dismissal of the action is reversed where setoffs in unpaid overtime matters were improper unless the money being set-off could be considered wages that the employer pre-paid to the plaintiff-employee.

Appellate Information

  • Decided 12/29/2010
  • Published 12/29/2010


  • Emilio M. Garza


  • United States Fifth Circuit