DENT v. COX
The Ninth Circuit Court of Appeals today released an opinion in DENT v. COX, No. 05-15455, a federal appeal. The panel consisted of Betty B. Fletcher and Richard R. Clifton, Circuit Judges, and Edward F. Shea, District Judge.
B. FLETCHER, Circuit Judge:
In March 2004 plaintiff-appellant David Dent accepted overtime compensation that was owed to him by his former employer, MC Communications, pursuant to a settlement supervised by the Department of Labor (”DOL”) in accordance with the Fair Labor Standards Act (”FLSA”), 29 U.S.C. § 216(c). Dent signed a WH-58 standard form “Receipt for Payment of Lost or Denied Wages, Employment Benefits, or Other Compensation,” which was prepared by the DOL and certified by MC Communications, acknowledging receipt of payment of unpaid wages “for the period beginning with the workweek ending 5-04-02 through the workweek ending 1011-03.” On August 27, 2004 Dent commenced this suit claiming unpaid overtime wages under the FLSA, 29 U.S.C. § 216(b), as well as supplemental Nevada State Law statutory wage payments. The defendants-appellees Cox Communications Las Vegas, Inc. and MC Communications, Inc. (collectively, “the defendants”) moved to dismiss Dent’s FLSA claim on the ground that it had been released, in full, by the March. . .