Floyd v. Excel Corp.

OPINION

RICHARD MILLS, District Judge.

Secretary of Labor files a suit against Excel to enjoin violations of the FLSA, and two weeks thereafter, Excel’s employ ees file suit under § 216(b) for unpaid wages.

Does the FLSA allow employees to sue despite the Secretary’s antecedent suit?

“Difference” may make all the difference.

Summary judgment denied in part.

I.Background and Procedural History

Plaintiffs are employees of the Defendant Excel Corporation -(“Excel”) at its Beardstown, Illinois, facility. On July 29, 1998, Plaintiffs, on behalf of themselves and other employees who have filed and will…