Stephen R. Smith v. Dorothy K. Batchelor Book Reviews

Stephen R. Smith v. Dorothy K. Batchelor by Supreme Court of Wisconsin Book Summary

This case is before us on appeal from the Second District Court in Davis County. Stephen R. Smith, Jr., sued his former employers, Dorothy K. Batchelor, Larry Peterman, and Janae Kingston, doing business as Movie Buffs (collectively "Movie Buffs"), charging that Movie Buffs violated both the Federal Fair Labor Standards Act ("FLSA") and the Utah Payment of Wages Act ("UPWA") in refusing to pay him the back wages and overtime he had accrued before he left the company. See Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-19 (1988 & Supp. I 1989); Utah Payment of Wages Act, Utah Code Ann. §§ 34-27-1, 34-28-1 to -13 (1988) (amended 1991). The district Judge granted Smiths motion for summary judgment on his UPWA claim but denied his FLSA claim. Although Smith succeeded on his UPWA claim, the Judge refused to grant him attorney fees under the UPWA, in part because Smith, an attorney whom Movie Buffs had employed for computer work, had represented himself throughout the litigation. Smith appeals both the trial courts denial of his motion for summary judgment on the FLSA claim and its refusal to award him attorney fees for his successful UPWA claim. He argues that the trial Judge improperly formulated an equitable remedy that contravened the express requirements of the state and federal statutes. We agree that the trial court erred in granting summary judgment on Smiths FLSA claim and remand that claim for Disposition consistent with this opinion. However, we affirm the trial courts denial of attorney fees.

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