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Qualified Immunity Defense Availability in FLSA Suits Needs Look

Aug. 12, 2022, 4:06 PM

A Texas A&M Engineering Experiment Station department head won a new shot at stopping a former employee’s retaliation claim after the Fifth Circuit ruled he might be entitled to a qualified immunity defense.

Former academic advisor Eva Stramaski accused Mark Lawley of firing her for complaining about potentially—but not actually—being paid late. The lower court correctly ruled Lawley can’t use the university’s sovereign immunity as a defense, but his qualified immunity bid needs another look, the US Court of Appeals for the Fifth Circuit said.

Stramaski sued Lawley in his individual capacity for allegedly violating the Fair Labor Standards ...