Dionne v. Floormasters Enterprises, Inc. (647 F.3d 1109, 2011)

United States Court of Appeals for the Eleventh Circuit 2011-07-28

Citations

Full opinion text

ALARCÓN, Circuit Judge:

In this matter, we must decide whether an employer, who denies liability for nonpayment for overtime work, must pay attorney’s fees and costs pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act (“FLSA”) if he tenders the full amount claimed by an employee where the trial court grants the employer’s motion to dismiss the employee’s complaint on mootness grounds. We conclude that, under such circumstances, an employer is not required to pay attorney’s fees and costs because the District Court has not awarded judgment to the employee as the prevailing party. Accordingly, we affirm.

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