Monroe v. FTS USA, LLC, No. 20-6289 (6th Cir. 2021)
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In 2008, FTS technicians filed suit alleging that they were unlawfully deprived of overtime compensation for the prior three years. The district court authorized a collective action; 293 technicians opted in to the collective action. In 2011, a jury returned verdicts of liability and determined the average number of unrecorded hours worked per week by each testifying technician. Based on those findings, the court applied a 1.5 multiplier for calculating uncompensated overtime, calculated damages for all technicians in the collective action, and entered a judgment. The Sixth Circuit upheld the certification of the case as a collective action and the jury’s verdicts but held that the district court erred in applying a 1.5 multiplier, and in failing to calculate the hourly rates to reflect the actual hours Plaintiffs worked.
After a remand from the Supreme Court, FTS sought to raise new issues that were unrelated to the recalculation of the hourly rate and correcting the multiplier. The district court barred FTS from raising most of those arguments, recalculated damages, and entered judgment. The court also substantially granted Plaintiffs’ counsel’s petition for attorney’s fees. The Sixth Circuit affirmed. The district court was constrained on remand to the specific issues; its mandate rule barred FTS and from raising arguments on judicial estoppel, aggregate judgment, and sufficiency of the evidence.
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