Wednesday, July 23, 2014

FLSA Counterclaims

The Mississippi Court of Appeals decided Tolley v. Good located here.  The issue in the case was whether counterclaims are appropriate in FLSA claims.  The court stated no with the only exception where wages have been prepaid.  I have a little bit of a hard time reconciling with cases where you have a counterclaim which is arguably a compulsory counterclaim if it arises out of the same transaction.  I think this may be the right ruling under the facts of the case only.  

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