Read the following excerpt from a US court opinion:
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be tailored somewhat to meet ADEA’s needs. ADEA damages are “deemed to be unpaid minimum wages and unpaid overtime compensation for purposes of [FLSA].” 29 U.S.C. § 626(b); see Fariss v. Lynchburg Foundry, 769 F.2d 958, 964 n. 7 (4th Cir.1985) (explaining how the sections are linked). Instead of the private right of action terminating upon the filing of an action by the Secretary of Labor, § 626(c)(1) provides for a similar termination upon the filing of an ADEA action by EEOC. But there is no mention of attorney’s fees beyond that contained in the above-quoted FLSA provision. Thus, this much is readily apparent— under FLSA, a defendant employer is liable for attorney’s fees to a prevailing plaintiff-employee. Cf. Richardson v. Alaska Airlines, Inc., 750 F.2d 763, 765-67 (9th Cir.1984) . By virtue of the incorporation of § 216(b),
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What is the most suitable continuation to the opinion? Your options are:
A. holding that district court erred in awarding attorneys fees in civil rights action where plaintiff only recovered 1 in nominal damages
B. holding attorneys fees not generally recoverable unless party prevails under cause of action for which attorneys fees are recoverable and damages are recovered
C. holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff
D. recognizing that under a limited exception attorneys fees may be recovered by a party who gains enforcement of a previous support order even when no contempt is ordered
E. holding that an employees private arbitration agreement with her employer precluded her from filing suit against the employer under the adea
Reply with [A, B, C, D, E] only.