“Whether Consilio’s violative overtime policy is still in place remains in dispute. If Consilio’s policy remains, Cohen’s claim for civil penalties may still be viable. However, if Consilio’s policy is no longer in place and it is absolutely clear’ that its wrongful conduct will not recur, Cohen’s [fair labor law] claim may in fact be moot, Eighth Circuit Judge Jane Kelly said.
“Whether Consilio’s violative overtime policy is still in place remains in dispute. If Consilio’s policy remains, Cohen’s claim for civil penalties may still be viable. However, if Consilio’s policy is no longer in place and it is absolutely clear’ that its wrongful conduct will not recur, Cohen’s [fair labor law] claim may in fact be moot, Eighth Circuit Judge Jane Kelly said.
