estigated Mion’s claim, concluded that Aftermarket owed Mion $310 .18 in baek wages under the FMLA and forwarded WH-58 release forms to Aftermarket to be signed by Mion. The parties have submitted evidence of several communications bet its assent to a settlement by sending out the applicable release forms. See id. at 306. Similarly, in Cuevas, the court held that § 216(c) applied to effectuate a waiver where the DOL supplied, and the employee signed, WH-58 release forms. 752 F.Supp. at 1415-16. The court in Heavenridge v. Ace-Tex Corp., No. 92-75610, 1993 WL 603201 (E.D.Mich. Sept.3, 1993) held that where an employee cashes the employer’s check, the DOL’s supplying of WH-58 forms with the check, rather than the employee’s signing the forms, effectuates the waiver. Id. at *2-3 (<HOLDING>). The court relied on the plain language of the
holding that the authorization under 29 usc  1132a3 extends to a suit against a nonfiduciary party in interest to a transaction barred by 29 usc  1106a holding under flsa 29 usc  216c holding that the defendant is in the best position to prove and should bear the burden of establishing its entitlement to an exemption under 29 usc  1108 from 29 usc  1106b erisas prohibited transactions provision holding under flsa holding that the finding that entities constitute a single enterprise under 29 usc  203r is separate and distinct from whether an entity is an employer under 29 usc  203d