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JOSENDIS v. WALL TO WALL RESIDENCE REPAIRS, INC.

No. 09-12266.

662 F.3d 1292 (2011)

Luis Carlos JOSENDIS, and similarly situated individuals, Plaintiff-Appellant, v. WALL TO WALL RESIDENCE REPAIRS, INC., a Florida corporation, and, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 17, 2011.

Attorney(s) appearing for the Case

Gary A. Costales , Gary A. Costales, P.A., Miami, FL, for Plaintiff-Appellant.

Chris Kleppin , Glasser, Boreth & Kleppin, P.A., Plantation, FL, for Defendant-Appellee.

Before TJOFLAT and COX, Circuit Judges, and KORMAN, District Judge.

TJOFLAT, Circuit Judge.

This is a Fair Labor Standards Act case. Luis Carlos Josendis sued his former employer, Wall to Wall Residence Repairs, Inc.,1 for unpaid overtime and back wages pursuant to the Fair Labor Standards Act of 1938 (the "FLSA"),2 its implementing regulations, and Florida law. Wall to Wall moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state...

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