279 F. Supp. 264 | S.D. Fla. | 1967
ORDER
The Secretary of Labor has filed his Complaint in this case under Section 17 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. § 201 et seq.), hereinafter referred to as the Act. The Secretary seeks an injunction restraining defendants from violating, among other things, the overtime provisions of the Act and a judgment restraining the de
As to the first ground, defendants at oral argument withdrew the same. As to the second ground, Section 6 of the Portal to Portal Act of 1947 bars actions for recovery of minimum wages and overtime compensation unless commenced within two years after the cause of action accrued except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued. The three year limitation was added by amendment effective February 1, 1967. The amendment does not impose any new sanction nor create any new right with respect to the minimum wage and overtime requirements of the Act. The amendment affects the remedy, not the right. Therefore, the plaintiff properly may seek recovery of unpaid compensation alleged to be due which accrued not over three years before this action was filed and which arose out of willful violation. Whether the recovery, if any, is limited to two years or three will depend upon proof at trial of the cause. The Court directed plaintiff at the hearing on the Motion to amend his Complaint to eliminate any claim for compensation which accrued over three years before the filing of this action and such amendment has been filed. As to the third ground, the nature and extent of injunctive relief, if any, will also depend upon the evidence to be adduced at trial of the cause.
Wherefore plaintiff’s amendment is hereby allowed and defendants’ motion to dismiss is overruled and denied as to each and every ground.
It is so ordered.