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DENT v. COX COMMUNICATIONS LAS VEGAS, INC.

No. 05-15455.

502 F.3d 1141 (2007)

David DENT, Plaintiff-Appellant, v. COX COMMUNICATIONS LAS VEGAS, INC.; Robert Hayes; MC Communications, Inc.; John Wehrman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2007.

Attorney(s) appearing for the Case

David Borgen (argued), Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, and Leon Greenberg, Las Vegas, NV, for the plaintiff-appellant.

Rick D. Roskelley (argued) and S. Libby Henninger, Litter Mendelson, P.C., Las Vegas, NV, for defendant-appellee MC Communications, Inc.

William D. Deveney (argued), Elarbee, Thompson, Sapp & Wilson, LLP, Atlanta, GA, and Carol Davis Zucker and Chantel D. Carmouche, Kamer Zucker & Abbott, Las Vegas, NV, for defendant-appellee Cox Communications Las Vegas, Inc.

Before B. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and EDWARD F. SHEA, District Judge.

BETTY B. FLETCHER, Circuit Judge:

In March 2004 plaintiff-appellant David Dent accepted overtime compensation that was owed to him by his former employer, MC Communications, pursuant to a settlement supervised by the Department of Labor ("DOL") in accordance with the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(c). Dent signed a WH-58 standard form "Receipt for Payment of Lost or Denied Wages, Employment Benefits, or Other Compensation," which was prepared...

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