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Castellanos-Contreras v. Decatur Hotels LLC, No. 07-30942

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By FindLaw Staff on October 07, 2010 10:49 AM

FLSA Action Against Hotel

In Castellanos-Contreras v. Decatur Hotels LLC, No. 07-30942, a Fair Labor Standards Act (FLSA) action claiming that defendant-employer was required to reimburse plaintiffs for their travel expenses, visa fees, and recruitment payments during their first week of work, the court reversed the denial of summary judgment for defendant where 1) the FLSA did not require the reimbursement of the travel expenses; and 2) the FLSA did not require defendant to reimburse plaintiffs for the fees they paid to the various job placement firms.

As the court wrote:  "A group of hotel workers present in this country under H-2B visas ("the 2
Workers") sued Decatur Hotels and Patrick Quinn (collectively "Decatur") alleging violations of the Fair Labor Standards Act ("FLSA"). Decatur moved to dismiss and for summary judgment, and the Workers moved for partial summary judgment. In a single order, the district court granted the Workers' motion in part and denied Decatur's motions. Thereafter, the court certified that order for interlocutory appeal to this court. On appeal, a panel of this court reversed the district court and rendered judgment for Decatur. See Castellanos-Contreras v. Decatur Hotels LLC, 559 F.3d 332 (5th Cir.), withdrawn and replaced by 576 F.3d 274 (5th Cir. 2009). En banc review was granted, thus vacating the panel opinion. Castellanos-Contreras v. Decatur Hotels LLC, 601 F.3d 621 (5th Cir. 2010). We now REVERSE the district court's order denying Decatur's motion and REMAND for entry of judgment in favor of appellants."

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