· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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