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DIONNE v. FLOORMASTERS ENTERPRISES, INC.

No. 09-15405.

667 F.3d 1199 (2012)

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

United States Court of Appeals, Eleventh Circuit.

January 13, 2012.

Attorney(s) appearing for the Case

Carlos V. Leach , Morgan & Morgan, Orlando, FL, Richard B. Celler , Morgan & Morgan, PA, Davie, 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:

Plaintiff-Appellant's Petition for Rehearing filed September 1, 2011 is GRANTED in part and DENIED in part. The Court VACATES and WITHDRAWS the previous opinion in this case, published on July 28, 2011, at 647 F.3d 1109 (11th Cir.2011). The Court substitutes the following opinion.

In this matter, we must decide whether an employer, who denies liability for non-payment for overtime work, must pay...

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