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ROSE v. CONSOLIDATED ELEC. DISTRIBS.
March 30, 1993
STEVEN N. ROSE, on behalf of himself and all other Plaintiffs similarly situated, known and unknown, Plaintiffs
CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., Defendant.
The opinion of the court was delivered by: GEORGE W. LINDBERG
Plaintiff has filed a complaint alleging violations by defendant of the Fair Labor Standards Act (FLSA) 29 USC §§ 201, et seq. Before the court is plaintiff's motion for a preliminary injunction. Plaintiff:
A. Enter an immediate order restraining Defendant and/or the USDOL from distributing or soliciting any additional "Receipt for Payment of Back Wages" which contain release and waiver language as appears on Exhibit A;
B. Enter an additional and immediate order restraining Defendant and or the USDOL from accepting or processing any additional "Receipt" which is received from an other employee;
C. Declare any such "Receipt" already received and processed by Defendant and the USDOL as null and void with respect to the waiver and release language contained therein, or in the alternative, set an immediate briefing schedule on that issue; and
D. For such other relief as the Court deems appropriate under the circumstances.
Plaintiff states the facts that led to this motion for a preliminary injunction as follows:
4. The USDOL [United States Department of Labor] and CED [defendant] have apparently reached an agreement with respect to certain employees' back wages. In fact, on or about March 17, 1993, named Plaintiff herein received by certificate [sic] mail a "Receipt for Payment of Back Wages." . . . .
6. The "Receipt" offered by the USDOL and Defendant included, in classic "small print", release language which purports to waive an employee's remaining relief under the F.L.S.A. Specifically, said small print is as follows:
NOTICE TO EMPLOYEE - your acceptance of back wages due under the Fair Labor Standards Act means that you have given up any right you may have to bring suit for such back wages under that Section 16(b) of that Act. Section 16(b) provides that an employee may bring suit on his/her own behalf for unpaid minimum wages and or overtime compensation and an equal amount as liquidated damages plus attorney's fees and court costs. Generally, a 2-year statute of limitations applies to the recovery of back wages. Do not sign this report unless you have actually received payment of the back wages due.
There are numerous difficulties with plaintiff's request for a preliminary injunction. Before stating these specifically, there are certain facts that must be noted.
These facts are that (1) at this time, the only party plaintiff is the individual Steven N. Rose; (2) at this time, the only party defendant is Consolidated Electrical Distributors, Inc.; and (3) the statute applicable to the claims ...
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