Whether the 5th Circuit erred in affirming the trial court's grant of summary judgment on FLSA-wage-and-hour-violations

QUESTION PRESENTED 1. The 5th Circuit erred when it affirmed the trial Court’s granting of Respondent’s Motion for Summary Judgment against all Petitioners on the issue of Fair Labor Standard Act (FLSA) wage and hour violations. Pursuant to Fed. R. Civ. P. 56(a), a genuine and material fact issue existed as to whether Petitioners were or were not being paid correctly and all reasonable inferences must be drawn in favor of the non-moving party, which the trial Court did not do. 2. The 5th Circuit erred in affirming the trial Court’s granting of Respondent’s Motion for Summary Judgment against all Petitioners on the issue of FLSA wage and hour violation, because the 5‘* Circuit misapplied and strictly construes Fed. R. Civ. P. 56. While Rule 56 does not require a Court to sift through the record in search of evidence to support a party's opposition to summary judgment, it does require it review the record before the Court in ruling on the matter. The trial Court erroneously used Rule 56 as an avenue to dispose of complex issues before the Court, prejudicing Petitioners. 2