Why wait for the 11th Circuit, let's get 'er done:
While other federal courts have found that successor liability exists under the FLSA, the Eleventh Circuit has not decided the issue. Hurtado v. Raly Dev., Inc., No. 11‐24476‐Civ‐Altonaga, 2012 WL 3687488, at *15‐16 (S.D. Fla. Aug. 27, 2012) (applying Ninth Circuit’s FLSA successor liability test to find no successor liability under the specific facts because plaintiffs failed to meet that test, but not deciding either way whether FLSA successor liability exists and noting that the Eleventh Circuit has not decided the issue). However, the converse of this proposition is also true: this Circuit has not decided that successor liability under the FLSA does not exist.And now it does.