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KIDDER v. STATEWIDE TRANSPORT, INC.

No. 13-594.

129 So.3d 875 (2013)

Andrew KIDDER v. STATEWIDE TRANSPORT, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

December 18, 2013.

Attorney(s) appearing for the Case

Julian Louis Gibbens, III , Lafayette, LA, for Plaintiff/Appellee-Andrew Kidder.

Roger Anthony Javier , The Javier Law Firm, New Orleans, LA. for Defendant/Appellee-Transport Leasing/Contract, Inc.

Jason E. Fontenot , Jason E. Fontenot, APLC, Lafayette, LA, for Plaintiff/Appellee-Andrew Kidder.

Chris Broadwater , Gashe, Coudrain & Sandage, Hammond, LA, for Defendant/Appellant-Statewide Transport, Inc.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and PHYLLIS M. KEATY, Judges.

THIBODEAUX, Chief Judge.

A delivery driver filed suit against his former employer for unpaid overtime wages under the Federal Fair Labor Standards Act (FLSA), 29 U.S.C.A. § 207, and La.R.S 23:632. After the employer failed to timely answer the petition, the trial court confirmed a default judgment, awarding the driver overtime wages, liquidated damages, penalties, and attorney fees under both the FLSA and La.R.S. 23:632. Considering the FLSA preempts state law...

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