Arciniega v. LTD Financial Services I, Inc.,

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Arciniega v. LTD Financial Services I, Inc.,

Post by David A. Szwak »

Arciniega v. LTD Financial Services I, Inc.,
Not Reported in F.Supp.2d, 2006 WL 487866, W.D.Tex., January 03, 2006 (No. SA-05-CA-1039-OR.)

ORDER


XAVIER RODRIGUEZ, J.
*1 Before the Court is Plaintiffs' Motion to Strike Certain Affirmative Defenses, filed December 6, 2005 (docket no. 8).

Plaintiffs allege that they were employed as collection agents and that Defendants have failed to pay them for overtime hours worked in violation of the Fair Labor Standards Act (FLSA.). Defendants have answered and raised the following affirmative defenses: (1) Plaintiffs have failed to state a cause of action upon which relief can be granted; (2) limitations; (3) the statute of frauds; (4) no contract exists between the parties; (5) estoppel; (6) Plaintiff's FLSA claims are excluded pursuant to 29 U.S.C. § 207(e); (7) Defendants acted in good faith; and (8) “de minimus non lastâ€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
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