News & Analysis as of

Stipulations Department of Labor (DOL)

Littler

Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling...

Littler on

Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must...more

Seyfarth Shaw LLP

District Court Turns the Other “Cheeks” on Parties’ Proposed Stipulation of Dismissal

Seyfarth Shaw LLP on

Seyfarth Synopsis: A district court judge within the Second Circuit held that, in light of Cheeks v. Freeport Pancake House, court or DOL approval is required for a valid dismissal of FLSA claims with prejudice pursuant to...more

Miles & Stockbridge P.C.

Supreme Court Declines to Review Second Circuit Decision Requiring Court Approval of FLSA Settlements

On January 11, 2016, the U.S. Supreme Court denied a petition for writ of certiorari in Cheeks v. Freeport Pancake House, Inc., et al., declining to address whether the parties in a non-collective lawsuit brought under the...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

Genova Burns LLC

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

Genova Burns LLC on

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

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