Preliminary Injunction Entered in FLSA Retaliation Case
Posted on December 15th, 2009 in Fair Labor Standards Act, Retaliation | No Comments »
A few weeks we filed suit on behalf of a group of plaintiffs in the Middle District of Tennessee seeking unpaid overtime compensation. See my post dated 11/24/09. The case is Bowman et al. v. New Vision Telecommunications, Inc. et al., 3:09-cv-01115.
The day after the defendants learned of the lawsuit they suspended the plaintiffs without pay for an indefinite period. The reasons offered by the defendants for the suspensions seemed pretextual so we immediately amended the complaint and sued the defendants for unlawful retaliation under 29 U.S.C. 215(a)(3). We also sought a temporary restraining order asking for our clients to be reinstated pending a preliminary injunction hearing. A TRO was entered by the court and a preliminary injunction hearing was set. The preliminary injunction hearing took place on 12/3 and 12/10.
Late today we received a decision from the court granting our motion for preliminary injunction. The defendants were ordered to return the plaintiffs to work with the same pay and benefits. Further, the defendants were ordered not to retaliate against the plaintiffs or others similarly situated.
It was a great win for our clients needless to say. A copy of the memorandum opinion and order granting preliminary injunction can be accessed by clicking on the links below.