Q: If there is not a recovery from a lawsuit, can defense counsel recover costs
A: Yes, if you as the plaintiff did not recover any monies, then the defense "won" with its defense (zero) verdict. The prevailing party is entitled to recover certain costs attendant to the litigation, including filing fees, court reporter fees for depositions and for trial, and other costs. Had you "won" you would have been entitled to recover those same costs from the defendant.
A: It depends on which statute you filed suit under. The Fair Labor Standards Act (FLSA) is a federal set of laws which mainly deal with hourly wage employees. The FLSA does not have a fee shifting arrangement like other laws where the loser has to pay the others fees and costs. Unless your lawsuit was based on fraud, you will not have to pay the fees and costs of the defendant.
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