Read the following excerpt from a US court opinion:
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thus providing no incentive to supervisory employees like plaintiffs, who have authority to give raises and set work hours, to avoid violating the FLSA. (Resp. at 3.) However the decisions discussed above explicitly considered — and rejected- — -the very policy arguments stressed by Defendants here. See, e.g., LeCompte, 780 F.2d at 1264. None of the authorities cited by Defendants as supporting their position addressed the issue of indemnity or contribution for FLSA violations. In Luder v. Endicott, 253 F.3d 1020, 1022 (7th Cir. 2001), the court observed that a supervisor who uses his authority over employees to violate their rights under the FLSA may be liable to those employees (although, in that case, the claim was barred by the Eleventh Amendment). There is no sugge (7th Cir.1997) .) In light of the consistent holdings by the
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What is the most suitable continuation to the opinion? Your options are:
A. holding that an indemnitee must be proven to be free of negligence in order to receive indemnity either under a general indemnity agreement or under implied indemnity
B. holding that indemnification provision did not expressly state the party was seeking indemnity for its own negligence so as to satisfy express negligence test
C. holding that subcontractor was not obligated to indemnify general contractor for general contractors own negligence where indemnification clause did not expressly state that subcontractor would indemnify general contractor for such negligence
D. holding that illinois construction contract indemnification for negligence act invalidates indemnity provision in contract between general contractor and postal service
E. holding that the indemnification contract between an owner of train tracks and an owner and operator of a train clearly and unequivocally required indemnification for the track owners negligence given that the contract explicitly stated that the indemnification provisions shall apply regardless of considerations of fault or negligence
Reply with [A, B, C, D, E] only.