A Louisiana federal district court denied Henry’s Uptown Bar’s motion to dismiss for failure to prosecute claims brought by former bartenders under the Fair Labor Standards Act for unpaid overtime, illegal tip deductions, and employee misclassification, finding that despite plaintiffs’ counsel’s clear record of delay in meeting court deadlines, dismissal was not warranted as lesser sanctions had not been previously imposed, and instead imposed a $5,000 sanction plus attorney’s fees on counsel.
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