Dionne v. Floormasters Enterprises, Inc., No. 09-15405 (11th Cir. 2012)Annotate this Case
Plaintiff's petition for rehearing was granted in part and denied in part. The court vacated and withdrew the previous opinion in this case and substituted the following opinion. At issue was whether an employer, who denied liability for nonpayment for overtime work, must pay attorney's fees and costs pursuant to 29 U.S.C. 216(b) of the Fair Labor Standards Act (FLSA), if the employer tendered the full amount of overtime pay claimed by an employee, and moved to dismiss on mootness grounds where the employee conceded that "the claim for overtime should be dismissed as moot." The court concluded that, under such circumstances, the dismissal of the employee's complaint, without an award of attorney's fees, was not erroneous to section 216(b) because the district court did not award judgment to the employee as the prevailing party.
This opinion or order relates to an opinion or order originally issued on July 28, 2011.