Wednesday, September 12, 2007, 4:24 PM

DOL Settlement No Bar to FLSA Claims Outside Period Covered by Pact

A Nevada cable company employee who received overtime compensation from a Labor
Department-supervised settlement was not barred from seeking damages for
periods not covered by the agreement, the Ninth Circuit rules in reversing a
trial court's decision (Dent v. Cox Commc'n Las Vegas Inc., 9th Cir., No.
05-15455, 9/10/07).

Siding with David Dent in his attempt to sue Cox Communications Inc. and its
subcontractor MC Communications Inc. for unpaid overtime under the Fair Labor
Standards Act and Nevada law, the Ninth Circuit says that a Labor Department
WH-58 agreement was limited to the time covered by the settlement and did not
bar him from suing for violations occurring before the time period stated on
the agreement.

But what about the statute of limitations? Dent's claims may be untimely....

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