Lamonica, et al v. Safe Hurricane Shutters, Inc., et al, No. 11-15743 (11th Cir. 2013)Annotate this Case
Plaintiffs brought this action under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., to recover unpaid overtime wages. The jury found in favor of plaintiffs and the district court determined that plaintiffs were entitled to liquidated damages in an amount equal to their actual damages. Defendants subsequently appealed the district court's denial of their motion for judgment as a matter of law and motion for new trial. The court held that the district court was correct to deny defendants' motion for judgment as a matter of law based on the in pari delicto doctrine; the district court did not err in giving the jury instructions; the district court did not commit evidentiary errors; the evidence of plaintiffs' overtime hours was sufficient to support the jury's verdict and the district court did not err in denying defendants' Rule 50 motion; defendants failed to satisfy their burden of showing that a certain employee was unavailable as a witness and the district court did not err by excluding the CEO's testimony as hearsay; and the district court did not abuse its discretion regarding the amounts defendants were required to withhold for payroll taxes. Accordingly, the court affirmed the judgment.