News & Analysis as of

Unpaid Overtime Settlement

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

by 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

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

by Baker Ober Health Law on

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

January 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP 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

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

by 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

Sirius XM Settles Wage & Hour Class Action With Unpaid Interns

by Kelley Drye & Warren LLP on

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

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

by 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

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

by 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

Court Approves FLSA Settlement that Extinguishes Related State Law Claims

When an employer settles a collective action lawsuit under the Fair Labor Standards Act (FLSA), may the settlement agreement also include a release of any rights to overtime pay which the plaintiffs may have under state law?...more

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

by BakerHostetler on

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

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

Former Employee Successfully Disavows FLSA Settlement

by Fisher Phillips on

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

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

by Baker Donelson on

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

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

by 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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Cybersecurity

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