James E. Bachman, et al. v. John Q. Bachman, et al.

Whether a case can be dismissed for plaintiffs’ refusal to answer questions related to past and current employers in a deposition related to a wage and hour complaint where the employees pleaded retaliation. The Plaintiffs had been fired within 24 hours of the employer being notified of a Department of Labor complaint, in conflict with CentenoBernuy v. Becker Farm, 219 F.R.D. 59, 61-62 (W.D.N.Y. 2003) and numerous other District Court decisions.

Whether an Employer who directs that wages will not be paid, files several years of tax returns stating no wages were paid and retaliates is entitled to equitable defenses. Plaintiffs assert that equitable defenses are not permitted in conflict with the 11th Circuit Decision in Bailey v. Titlemax of Georgia, 776 F.3d 797, 805-806 (11th Cir. 2015)

Whether an Employer who directs that wages will not be paid, retaliates, and does not treat or document the Employees’ withdrawals as wages can plead affirmative defenses and counterclaims including fraud in conflict with the Fifth Circuit Decision in Gagnon v. United TechniSource Inc., 607 F.3d 1036, 1045 (5th Cir. 2010) and whether the FLSA is correctly enforced when willful violation of the Act can be defended with these arguments.