News & Analysis as of

Settlement Unpaid Overtime

Davis Wright Tremaine LLP

California Supreme Court Holds PAGA Plaintiff Lacks Standing to Intervene in Another Plaintiff’s Separate PAGA Action

In a long-awaited decision, the California Supreme Court resolved a split in appellate authority in Turrieta v. Lyft, Inc., holding that a plaintiff who files a claim under the state's Private Attorneys General Act (PAGA)...more

Parker Poe Adams & Bernstein LLP

DOL Announces Settlement of Three Lawsuits Against Assisted Care Facilities Alleging Unpaid Overtime

Over the past several years, the federal Department of Labor’s (DOL) Wage and Hour Division has focused enforcement efforts on assisted care and related facilities. DOL alleges that some of these employers fail to pay...more

Bradley Arant Boult Cummings LLP

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Fox Rothschild LLP

Another Security Line Check Case: The Extent Of The De Minimis Rule Explored

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There have been a host of federal cases recently focusing on whether time spent waiting in security lines is compensable. Some have gone for the plaintiffs and others for the employer, as these cases are nuanced and...more

Seyfarth Shaw LLP

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

Seyfarth Shaw LLP on

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

Baker Donelson

Uncompensated "Off-the-Clock" Work Time Nets Call Center Nurses a $6.2 Million Settlement

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Late last year, more than 1,300 "advice nurses" working at call-in centers providing answers to patient health care questions for Kaiser Permanente and Permanente Medical Group filed a class action lawsuit for unpaid wages...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Cole Schotz

Second Circuit Holds That Parties May Not Voluntarily Settle Claims Under the Fair Labor Standards Act With Prejudice Without...

Cole Schotz on

In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice...more

Kelley Drye & Warren LLP

Sirius XM Settles Wage & Hour Class Action With Unpaid Interns

Earlier this month Sirius XM Radio Inc. settled a wage & hour class action with a class of 1,852 unpaid interns that claimed the company violated federal and state labor laws by failing to compensate them for the work they...more

Genova Burns LLC

Second Circuit Rules Court Approval or USDOL Supervision of Settlements Required in FLSA Suits

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On August 7, 2015, the Second Circuit ruled that suits brought under the Fair Labor Standards Act (“FLSA”) cannot be resolved privately and require approval of a federal court or supervision by the U.S. Department of Labor...more

Saul Ewing LLP

$4.5 million wage settlement for Pa. and WVa. workers in oil and natural gas industry

Saul Ewing LLP on

On Tuesday, December 9, 2014, the U.S. Department of Labor (DOL) announced that it has reached agreement with numerous employers in the oil and natural gas industry in Pennsylvania and West Virginia to provide 5,310 workers...more

BakerHostetler

California District Court Rejects Overtime Settlement Over $50,000 Incentive Awards

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Large incentive awards continue to jeopardize class action settlements. We wrote on February 14 about recent cases in which Circuit Courts rejected settlements due to disproportionate incentive awards. A recent case from the...more

U.S. Equal Employment Opportunity Commission...

Baird Tree to Settle EEOC National Origin Wage Discrimination Lawsuit

Federal Agency Charged Knoxville-Area Tree Company Failed to Pay Overtime Wages to Hispanic Employees Due to Their National Origin - KNOXVILLE, Tenn. - Baird Tree Company, Inc., a tree-trimming service company based in...more

Fisher Phillips

Former Employee Successfully Disavows FLSA Settlement

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The Eleventh Circuit U.S. Court of Appeals (with jurisdiction over Alabama, Florida, and Georgia) recently expanded the court's 1982 ruling in Lynn's Food Stores, Inc. v. U.S. limiting the settlement of claims under the...more

Baker Donelson

An Offer You Should Refuse: Eleventh Circuit Says No to Private Settlements of FLSA Claims

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With a fact pattern exemplifying the need for protection of employees under the Fair Labor Standards Act (FLSA), the Eleventh Circuit has held that former employees may only settle their FLSA claim 1) under the supervision of...more

Genova Burns LLC

Nationwide Chain of Gyms Agrees to Pay Substantial Wage and Hour Settlement

Genova Burns LLC on

24-Hour Fitness, a nationwide chain of fitness centers, recently agreed to pay nearly $17.5 million to settle a class action suit filed on behalf of trainers and managers who claimed that they were misclassified as exempt...more

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