The Eleventh Circuit disagreed when the district court entered a judgment ruling that the Menendez family did not willfully violate minimum wage laws, and found that there was sufficient evidence to support a finding.
The Eleventh Circuit found that this, and more, was sufficient evidence for a jury. They bring up the fact that it was elicited that Menendezes knew about hourly wage laws, but had failed to investigate whether or not they were in compliance. On top of this, Davila had also testified that she did not sign a contract, was paid in cash, and was not required to record her hours. Lastly, Davila claimed threatening comments about her alien status were made.
The fact that the Menendezes turned a blind eye to the wage laws, unintentionally or not, was enough for a reasonable jury to have drawn a contrary inference from the evidence. The district court should have submitted an issue of willfulness.
Davila is now entitled to a new trial before a jury to determine this issue. Bottom line: follow the FLSA and pay minimum wage, or things will get legal.
Related Resources:
- Davila v. Menendez (Eleventh Circuit Court of Appeals)
- Fair Labor Standards Act (FindLaw)
- Wages and Benefits (FindLaw)
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