Fair Labor Standards Act litigation matters, like most civil lawsuits, involve many decisions, including strategic ones. A party may make some decisions, such as settling despite their case’s perceived strength, simply because strategic considerations dictate that it is wise. The importance of wise decision-making in your FLSA lawsuit is one of the many areas where having representation provided by an experienced Atlanta wage and hour lawyer can provide invaluable benefits.
One example of this type of strategic decision-making involves certain lower-amount unpaid compensation cases. Sometimes, potential collateral costs—like paying the other side’s attorney’s fees—may be so substantial and the sum the employee seeks so comparatively small that those figures dictate tendering a full amount to the employee simply to avoid the risk of a major attorney’s fees expense.
A recent unpaid overtime case from Texas shows how an employer can use the mootness doctrine to its advantage in an FLSA case.