Sydney Marie Keefe v. Britt's Bow Wow Boutique, Inc.
23-14024
11th Cir.May 23, 2025Background
- Sydney Keefe worked for Britt’s Bow Wow Boutique, Inc. (BBWB) and its owner, Merri “Chris” Colvard, in Miami, overseeing day-to-day pet business operations from March 2021 through October 2022.
- Keefe filed a lawsuit in federal court alleging willful Fair Labor Standards Act (FLSA) violations: BBWB and Colvard failed to pay required overtime wages for substantial off-the-clock work.
- At trial, evidence showed inconsistent and incomplete time/pay records, with Keefe testifying to regularly working excessive hours (74 per week); BBWB's records were fragmented between QuickBooks, ADP, Venmo, and cash.
- Keefe prevailed at jury trial, receiving $52,000 in damages; the trial court doubled this to $104,000 upon a finding of willfulness and then awarded attorneys’ fees and costs.
- Defendants moved for judgment as a matter of law, new trial, remittitur, and to deny or reduce costs/fees based largely on evidentiary, procedural, and damages arguments.
- The district court denied these motions; Defendants appealed on all grounds, and the Eleventh Circuit consolidated the appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for FLSA claim | Keefe worked substantial unrecorded overtime; BBWB did not keep proper records | Keefe’s evidence was speculative and too vague; no proof of actual or constructive knowledge by Colvard | Sufficient evidence supported the jury’s verdict; plaintiff testimony/estimates allowed, especially when employer records deficient |
| Admissibility of evidence and late disclosures | Used only materials defendants produced and cited in discovery; no unfair surprise | Plaintiff failed to timely identify trial evidence; Rule 37 should bar use of defendant’s records | No Rule 37 violation; plaintiff can use defense’s own records produced in discovery |
| Liquidated damages and willfulness | Jury found willful violation; testimony established employer’s knowledge/intent | No proof of willfulness or bad faith; liquidated damages inappropriate | Jury’s willfulness finding precludes good faith defense; liquidated damages proper |
| Costs/attorney’s fees award | Prevailing party under FLSA; costs and fees were reasonable and supported by record | Fees/costs excessive or unsubstantiated; fee records inflated or duplicative | Costs/fees thoroughly reviewed, reasonable, and not an abuse of discretion |
Key Cases Cited
- Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946) (employee can estimate hours when employer’s records are inadequate; burden shifts to employer)
- Allen v. Bd. of Pub. Educ. for Bibb Cnty., 495 F.3d 1306 (11th Cir. 2007) (employees’ testimony alone may suffice when employer recordkeeping is deficient)
- Alvarez Perez v. Sanford-Orlando Kennel Club, Inc., 515 F.3d 1150 (11th Cir. 2008) (jury finding of willfulness precludes employer’s good faith defense for liquidated damages)
- Rodriguez v. Farm Stores Grocery, Inc., 518 F.3d 1259 (11th Cir. 2008) (remittitur appropriate only when award exceeds evidence)
- Chapman v. AI Transp., 229 F.3d 1012 (11th Cir. 2000) (costs presumptively awarded to prevailing party; denial requires a sound basis)
- Norman v. Hous. Auth. of City of Montgomery, 836 F.2d 1292 (11th Cir. 1988) (reasonable attorneys’ fees are calculated based on reasonable hours and rates)