Florida Firm’s Sanctions for ‘Frivolous’ Overtime Suit Upheld

A Miami law firm must pay nearly $28,000 as a sanction for pursuing an unsubstantiated Fair Labor Standards Act overtime claim in bad faith and unnecessarily increasing litigation, the Eleventh Circuit ruled Tuesday.

K. David Kelly and his firm, J.H. Zidell PA, misrepresented the law on FLSA accounting methods and failed to correct or withdraw a factually inaccurate exhibit, the U.S. Court of Appeals for the Eleventh Circuit said, affirming the Southern District of Florida’s sanctions order.

Kelly represented Jesus Collar in a lawsuit against Abalux Inc. and its owner Jose Cabral, alleging the company violated the FLSA’s overtime rules. ...