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BAILEY v. GULF COAST TRANSP., INC.

No. 01-12379.

280 F.3d 1333 (2002)

John BAILEY and Frank Dunn, individually and on behalf of all other similarly-situated persons, Plaintiffs-Appellants, v. GULF COAST TRANSPORTATION, INC. and Nancy Castellano, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 29, 2002.

Attorney(s) appearing for the Case

David J. Sockol, Robert Mark Bortner, Sockol & Associates, P.A., St. Petersburg, FL, Sam J. Smith, Stacey Klein Verde, Burr and Smith, LLP, Tampa, FL, for Plaintiffs-Appellants.

Lori R. Benton, Ford & Harrison, LLP, Thomas C. Garwood, Jr., Garwood, McKenna & McKenna, P.A., Orlando, FL, for Defendants-Appellees.

Nathaniel I. Spiller, Allen H. Feldman, Elizabeth Hopkins, U.S. Dept. of Labor, Washington, DC, for Secretary of Labor, Amicus Curiae.

Before WILSON, RONEY and FAY, Circuit Judges.

PER CURIAM:

The issue in this case is whether the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219, permits employees to obtain preliminary injunctive relief restraining further retaliatory conduct by their employer and reinstating them to their former positions. Although the district court found the employers' conduct in this case to be "plainly retaliatory," the court denied the employees' motion for a preliminary injunction, holding that the Secretary...

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