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DIONNE v. FLOORMASTERS ENTERPRISES, INC.

No. 09-15405.

647 F.3d 1109 (2011)

Perry R. DIONNE, on his own behalf and on behalf of those similarly situated, Plaintiff-Appellant, v. FLOORMASTERS ENTERPRISES, INC., a Florida corporation, Robert Molsick, individually, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 28, 2011.

Attorney(s) appearing for the Case

Carlos V. Leach , Richard B. Celler , Morgan and Morgan, Orlando, FL, for Plaintiff-Appellant.

Edwin C. Cluster , Ayres, Cluster, Curry, McCall, Collins & Fuller, P.A., Abraham Clinton Banks, Ocala, FL, for Defendants-Appellees.

Before EDMONDSON, HILL and ALARCÓN, Circuit Judges.

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...

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