Lindsay Itkin

Representative Matters

• Represent clients in state and federal court and in arbitration in litigation involving violations of the Fair Labor Standards Act and analogous state wage laws, managing cases from intake to resolution. 
• Successfully briefed, argued, and obtained favorable orders from the U.S. Court of Appeals for the Fifth and Tenth Circuits. Kenney v. Helix TCS, Inc., 939 F.3d 1106 (10th Cir. 2019), cert. denied, 141 S.C. 241, 208 L.Ed.2d 19 (2020); Hiser v. NZone Guidance, L.L.C., 799 Fed. App’x 247 (5th Cir. 2020); Kennedy v. Pioneer Natural Resources Co., No. 21-50256, 2022 WL 2357077 (5th Cir. June 30, 2022).
• Successfully obtained summary judgment on an employer’s exemption affirmative defense by showing the employer’s “straight time for overtime” pay policy failed to comply with the FLSA’s “salary basis” test. Gardner v. G.D. Barri & Assocs. Inc., No. CV-20-01518-PHX-ROS, 2022 WL 3042857 (D. Ariz. Aug. 2, 2022)
• Successfully obtained summary judgment on an employer’s good faith affirmative defense where the employer attempted to delegate its FLSA compliance to a third-party. Curry v. M-I, LLC, No. 2:18-CV-306, 2020 WL 486790 (S.D. Tex. Jan. 30, 2020).
• Successfully obtained summary judgment on an employer’s exemption affirmative defense by showing an employer’s day-rate pay plan failed to comply with the FLSA’s “salary basis” test. Richard v. MudTech Servs., L.P. No. 4:15-cv-03239, Doc. 64 (S.D. Tex. Sept. 1, 2017).
• Successfully obtained the then-largest personal injury verdict in the history of Williamson County, Texas as trial second chair.
• Successfully obtained FLSA conditional certification and Rule 23 class certification in numerous cases alleging violations of the FLSA and state wage-and-hour laws.
• Successfully negotiated the settlement of numerous cases, including dozens of multi-million dollar settlements, in cases alleging violations of the FLSA and state wage-and-hour laws.