11th Circuit: Employer May Bring State Law Counterclaim In Wage Suit
(July 7, 2016, 11:35 AM EDT) -- ATLANTA — A trial court erred when it found that an employer was barred from bringing a state law counterclaim for unjust enrichment against an employee who sued under the Fair Labor Standards Act (FLSA) because there is no bar if the employee is exempt under the FLSA, the 11th Circuit U.S. Court of Appeals ruled June 14 (Todd Pioch v. IBEX Engineering Services, Inc., No. 15-10845, 11th Cir.; 2016 U.S. App. LEXIS 10704).