Reinaldo Ramon Lamonica v. Safe Hurricane Shutters, Inc.
711 F.3d 1299
| 11th Cir. | 2013Background
- Feliciano and Milan sued Safe Hurricane Shutters, Inc. and three individuals for unpaid overtime under the FLSA.
- Jury awarded Feliciano $20,849.38 and Milan $1,312.50; district court added liquidated damages to totals.
- Post-trial motions under Rules 50(b) and 59(e) were denied; appellants appeal the judgment and denials.
- Court addresses in pari delicto, jury instructions, fluctuating workweek method, sufficiency of evidence, evidentiary rulings, payroll tax withholding.
- Key issue is whether corporate supervisors can be liable and whether damages were correctly calculated under FLSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| In pari delicto applicability under FLSA | Feliciano and Milan not active participants | Undocumented status and false SSN bar recovery | In pari delicto does not bar recovery; reversed on first-prong test not satisfied. |
| Individual liability of non-officers under FLSA | Direct control by Heidelberger/McCarroll supports liability | Only officers should be liable | Non-officers may be liable; sufficient factual basis to hold Heidelberger and McCarroll liable. |
| Fluctuating workweek method for damages | Method appropriate where salary covers hours; allowed but not required | Should have been urged as defense; not applicable | District court did not err; fluctuating workweek method effectively applied or subsumed by instructions. |
| Sufficiency of overtime-hours evidence | Employer records missing; testimony suffices for reasonable inference | Evidence inadequate for precise hours | Evidence supported jury verdict; not against great weight of the evidence. |
Key Cases Cited
- Patel v. Quality Inn S., 846 F.2d 700 (11th Cir. 1988) (undocumented aliens may be employees under FLSA)
- Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (U.S. 2002) (limits backpay remedies inconsistent with IRCA; not controlling for FLSA)
- Quality Inn, S. v. Quality Inn S., 846 F.2d 700 (11th Cir. 1988) (undocumented aliens protected by FLSA; HM standard guidance)
- Bateman Eichler, Hill Richards, Inc. v. Berner, 472 U.S. 299 (U.S. 1985) (test for applying in pari delicto in federal statute cases)
- Alvarez Perez v. Sanford-Orlando Kennel Club, Inc., 515 F.3d 1150 (11th Cir. 2008) (defines supervisor liability under FLSA; control over day-to-day operations)
- Randall v. Scott, 610 F.3d 701 (11th Cir. 2010) (bound by prior circuit holdings unless clearly overruled)