Employment & Labor Law
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Niland v. Delta Recycling Corp.
17 Fla. L. Weekly Fed. C832a (11th Cir. July 21, 2004)
During a corporate acquisition of Delta, it was noted that back wages were owed to its employees. Employee/Niland received the check for back wags along with a letter and receipt, all of which indicated that acceptance of the check constituted a waiver of any legal claims. Niland claimed that the pay calculations were incorrect but eventually cashed the check. He then filed suit claiming DOL failed to supervise the payment of back wages, and that the waiver language was insufficient to foreclose his right to file suit. Delta moved for summary judgment but the district court denied it citing to an official DOL record that indicated only one hour had been spent on supervising the payment of back wages to Delta
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