According to the FLSA, 29 U.S. Code § 216. Penalties, No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. Therefore, it can be said that consent is the prior factor to enforce the violation of section 29 U.S. Code § 216. And this consent shall come from the audit of the Department of Labor.
There is a score of cases that can be cited regarding this issue, (i) William E. Brock v. Superiror Care Inc. (ii) LeMaster et al v. Alternative Healthcare Solutions, Inc. (iii) Wilson v. Guardian Angel Nursing Inc. and (iv) Crouch v. Guardian Angel Nursing Inc. Before filing the lawsuit, the violation of 29 U.S. Code § 206 and 207 was determined by the department of labor.
(i) William E. Brock v. Superiror Care Inc. – 776 consents
(ii) LeMaster et al v. Alternative Healthcare Solutions, Inc. – 3 consents
(iii) Wilson v. Guardian Angel Nursing Inc. – 287 consents
where the DOL found 776 consents (i), 3 consents (ii)
01. Link:
01_21-10398-2022-05-27
02. Link:
02_HUNT v. ROUSMANIER’S Administrators. _ Supreme Court _ US Law _ LII _ Legal Information Institute
03. Link:
03_Hunt v. Nationstar Mortg., LLC, No. 18-12593 _ Casetext Search + Citator
04. Link:
04_ea20210204_hunt_mortgage_agreement
