5th Circuit In Overtime Rule Suit: Worker, Attorneys Weren’t In Privity With DOL

Mealey's (July 9, 2019, 1:42 PM EDT) -- NEW ORLEANS — A Texas federal court erred in finding that a former New Jersey Mexican fast food chain worker and her attorneys were in contempt of a court’s injunction against the U.S. Department of Labor (DOL) when they sued for wages under the Fair Labor Standards Act (FLSA) Overtime Rule in a New Jersey federal court, a Fifth Circuit U.S. Court of Appeals panel ruled July 2, opining that the worker and her attorneys were not in privity with the DOL (Texas, et al. v. United States Department of Labor, et al., No. 18-40246, 5th Cir., 2019 U.S. App. LEXIS 19821)....