District Court, C.D. Illinois June 10, 1999, 98-3177 (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

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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.