News & Analysis as of

Fair Labor Standards Act (FLSA) Federal Rules of Civil Procedure Employment Litigation

Tucker Arensberg, P.C.

U.S. Supreme Court Clarifies Lower Burden for Employer to Prove FLSA Overtime Exemption

Tucker Arensberg, P.C. on

The Supreme Court recently clarified that an employer seeking to prove an exemption from overtime requirements under the Fair Labor Standards Act (“FLSA”) must meet the “preponderance of the evidence” standard, and not the...more

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ohio Federal Court Rules Judicial Approval Not Required in FLSA Settlements

In Gilstrap v. Sushinati LLC, the U.S. District Court for the Southern District of Ohio rejected the notion that the parties’ private agreement to settle claims under the Fair Labor Standards Act (FLSA) required court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...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

Fisher Phillips

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

Fisher Phillips on

Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

FordHarrison

Judicial Approval Not Required for Offers of Judgment in FLSA Cases

FordHarrison on

On December 6, 2019, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) ruled that judicial approval of Fair Labor Standard Act (FLSA) settlements resolved under Federal Rule of Civil...more

Epstein Becker & Green

Second Circuit Approves Offers of Judgment in FLSA Cases

Epstein Becker & Green on

On December 6, 2019, the Second Circuit Court of Appeals held that judicial approval is not required for offers of judgment to settle Fair Labor and Standards Act (“FLSA”) claims made pursuant to Federal Rule of Civil...more

Fisher Phillips

2nd Circuit Decision Paves the Way for Streamlined FLSA Offers of Judgment

Fisher Phillips on

In a much-anticipated decision, a federal appeals court just ruled that Fair Labor Standards Act (FLSA) claims resolved through Rule 68(a) offers of judgment do not require fairness review and judicial approval. The 2nd...more

Fox Rothschild LLP

FLSA Claims May Be Settled In Federal Court by Offer And Judgment Without Court Review Or Approval

Fox Rothschild LLP on

Parties may now settle federal wage and hour claims under the Fair Labor Standards Act (FLSA) without court review or approval by using the offer and judgment procedure set forth in Rule 68 of the Federal Rules of Civil...more

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