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DEPT. OF LABOR v. FIVE STAR AUTOMATIC FIRE PROT.

No. 19-51119.

987 F.3d 436 (2021)

UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellee, v. FIVE STAR AUTOMATIC FIRE PROTECTION, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED February 9, 2021.

Attorney(s) appearing for the Case

Heather Maria Johnson , Attorney, U.S. Department of Labor Office of the Solicitor, Washington, DC, Brian L. Hurt , U.S. Department of Labor, Dallas, TX, for Plaintiff-Appellee.

Michael T. Milligan , Law Offices of Mike Milligan, El Paso, TX, Robert Louis Blumenfeld , Mendel & Blumenfeld, El Paso, TX, for Defendant-Appellant.

Before Dennis, Higginson, and Willett, Circuit Judges.

Seventy-five years ago in Anderson v. Mt. Clemens Pottery Company, the Supreme Court fashioned a burden-shifting framework for federal wage claims where an employer fails to maintain proper records.1 Under Mt. Clemens, if "the employer's

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