In an article published in Texas Lawyer on July 7, 2015, Annette A. Idalski provides insight on the legal case between the U.S. Federal Government and Gate Guard Services, a South Texas oil field services company. The article details the U.S. Court of Appeals for the Fifth Circuit’s favorable ruling for Gate Guard, which sued the federal government after the U.S. Department of Labor alleged that it had violated overtime laws. With its ruling, the Fifth Circuit sanctioned the federal government for bad faith, and ruled that the DOL owes additional attorneys’ fees and travel expenses from what it had already been required to pay Gate Guard. A trial court will determine the exact amount of fees and expenses, but Idalski estimated those could amount to about $1 million. “This is a landmark decision, a case of the first impression,” said Idalski. She predicts that, as a result of this case, FLSA defendants will consider more often fighting the government. Idalski and Chamberlain Hrdlicka’s Employment and Labor Group represented Gate Guard in the two earlier decisions that were supported by this recent appellate victory. Subscribers may access the full article here.
- News & Analysis