Harrell v. SD Bell Dental Mfg. Co., Civ. A. 4440.

• Decision Date: 20 January 1953
• Docket Number: Civ. A. 4440.
• Citation: 110 F. Supp. 538
• Parties: HARRELL v. S. D. BELL DENTAL MFG. CO.
• Court: U.S. District Court — Northern District of Georgia

110 F. Supp. 538

HARRELL v. S. D. BELL DENTAL MFG. CO.

Civ. A. 4440.

United States District Court N. D. Georgia, Atlanta Division.

January 20, 1953.

Francis Jones, Jr., Atlanta, Ga., for the plaintiff.

Wilson, Branch & Smith, Atlanta, Ga., for the defendant.

HOOPER, Chief Judge.

In this case plaintiff sued the defendant for alleged unpaid minimum wages and unpaid overtime compensation alleged to have accrued during the period from September 30, 1950 to June 18, 1952. The complaint sought to give credit in the sum of $250 of $383.95 paid on August 27, 1952 by defendant under circumstances detailed below. The complaint also sought recovery of an additional equal amount as liquidated damages, and of reasonable attorneys fees, pursuant to Fair Labor Standards Act of 1938, as amended October 26, 1949, 29 U.S.C.A. § 216(c).

The first defense alleged is that the plaintiff had expressly waived his right to maintain this action because the defendant had effected a full settlement of plaintiff's claim, in that the Administrator of the Wage and Hour and Public Contracts Divisions of the United States Department of Labor had computed amounts of back pay due plaintiff and that the defendant had paid such sum.

Attached to defendant's answer is a copy of the "receipt for unpaid wages" signed by the plaintiff on August 27, 1952, acknowledging receipt of $383.95 gross (representing social security of $5.76, withholding tax of $70.69 and net amount of $307.50). Counsel for plaintiff in open court concede that the payment and receipt of this money was made with the full knowledge, consent and approval of the United States Department of Labor, Wage and Hour and Public Contracts Divisions, and, as recited in this receipt, that the above sum represents unpaid wages "as computed or approved by the Wage and Hour and Public Contracts Divisions for the period from July 13, 1950 to June 18, 1952."

The decision of this case turns upon the proper interpretation of Section 16(c) of the Amendment to the Fair Labor Standards Act approved October 26, 1949, Public Law 393, 81st Congress, 1st Session, 63 Statutes 910, 29 U.S.C.A. § 216(c), which reads in part as follows:

"The Administrator is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime Compensation owing to any employee or employees under section 6 or section 7 of this act, and agreement of any employee to accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages." (Italics ours.)

The plaintiff contends that it is only in cases where it appears that the employer has in fact paid the employee "in full" that there is such a waiver by the employee as to bar further litigation. He contends that if the...