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· 12/28/2010

Martin v. PepsiAmericas, Inc.

Citations

  • 628 F.3d 738
  • 17 Wage & Hour Cas.2d (BNA) 7
  • 2010 U.S. App. LEXIS 26288
  • 2010 WL 5300827

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the Fifth Circuit continues to look with disfavor on set-offs
  • reaffirming the principle that “set-offs and counterclaims are inappropriate in any case brought to enforce the FLSA's minimum wage and overtime provisions”
  • “We continue to look with disfavor on set-offs unless the money being set-off can be considered wages that the employer pre-paid to the plaintiff employee.”
  • “Generally speaking, courts have been hesitant to permit an employer to file counterclaims[] in FLSA suits for money the employer claims the employee owes it, or for damages the employee’s tortious conduct allegedly caused.”
  • “Generally speaking, courts have been hesitant to permit an employer to file counterclaims in FLSA suits for money the employer claims the employee owes it, or for damages the employee's tortious conduct allegedly caused.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Benavides, Crone

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.