Bruce Cohen v. Consilio, LLC

United States Court of Appeals for the Eighth Circuit · October 6, 2025 · No. 24-2079

Summary

This Eighth Circuit opinion reviews a district court's grant of summary judgment in an employment dispute over unpaid overtime wages under Minnesota wage and hour statutes. The court examines whether private employees may seek statutory penalties under the Minnesota Payment of Wages Act and Minnesota Fair Labor Standards Act, determining that certain penalties are reserved for the state commissioner and addressing potential mootness regarding others. The appellate court vacates and remands part of the lower court's ruling while affirming the remainder.

Court
United States Court of Appeals for the Eighth Circuit
Writing for the Court
Smith; Kelly; Kobes
Jurisdiction
United States Court of Appeals for the Eighth Circuit
Decision date
October 6, 2025
Docket number
24-2079
Procedural posture
Appeal from United States District Court for the District of Minnesota granting summary judgment to Consilio, LLC.
Standard of review
de novo
Precedential value
published
Parties
Bruce Cohen v. Consilio, LLC; Consilio Services, LLC
Disposition
vacated_and_remanded

Topics

wage and houremployment lawappellate jurisdictionstandard of reviewmootness

Practice areas

employment law

Questions Presented

  1. Whether an employee may recover average daily wage penalties under the Minnesota Payment of Wages Act §181.101.
  2. Whether Cohen has standing to seek statutory penalties under the Minnesota Fair Labor Standards Act.
  3. Whether the district court had jurisdiction to decide the MFLSA penalties issue.
  4. Whether Cohen’s MWTA claim should be dismissed.
  5. Whether injunctive relief is appropriate.

Holdings

  1. Only the Commissioner may seek daily average wage penalties under §181.101; therefore the district court’s grant of summary judgment is affirmed.
  2. The district court’s grant of summary judgment on the MFLSA penalties claim is vacated and the case remanded for the district court to determine its jurisdiction.
  3. The district court’s dismissal of the MWTA claim is affirmed.

Key quotations

Summary judgment is proper if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. (at 866)

Factual background

Cohen worked as an hourly licensed attorney document reviewer for Consilio, a nationwide legal document review company. Consilio instituted a policy in August 2019 that eliminated overtime premium pay, paying employees at their base rate for all hours worked. Cohen sued alleging unpaid overtime under Minnesota statutes; Consilio later paid back wages and liquidated damages but disputed statutory penalties.

Procedural history

The district court granted summary judgment on the MPWA, MFLSA, and MWTA claims. The parties stipulated that Cohen had been paid all overtime wages and liquidated damages. Cohen appealed the judgment.

Remand instructions

Remand for the district court to determine its jurisdiction over the MFLSA statutory penalties claim.

Court Document

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