News & Analysis as of

Over-Time Settlement

Seyfarth Shaw LLP

Another Court Rejects The Approval Requirement For Individual FLSA Settlements

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Seyfarth Synopsis: FLSA practitioners long have been aware that most courts hold that purely private releases of FLSA claims are void, and that a release of an FLSA claim is valid only if approved by the Department of Labor...more

Fox Rothschild LLP

FLSA Settlement Principles Illustrated By Recent Case: A Primer On What Is Appropriate

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When FLSA lawsuits are settled, the matter must go before a federal judge for approval, as opposed to when a “demand letter” is sent and the parties settle prior to suit. There are many elements that a court must look at to...more

Hogan Lovells

Settling Individual California Labor Disputes May Eliminate PAGA Claims

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On December 29, California’s Second Appellate District held that employees who settle and dismiss their individual wage claims may not assert claims under the state’s Private Attorneys General Act (“PAGA”) on behalf of other...more

Fisher Phillips

July 2017: The Top 12 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,...more

McNees Wallace & Nurick LLC

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor...more

Fisher Phillips

Hot List – What’s Happening in the California Legislature 5/8-5/12

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Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week....more

JAMS

Make the Most of your Mediation: The Employment Case

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Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle...more

Mintz - Employment, Labor & Benefits...

Fifth Circuit Continues to Permit Wage Claim Waivers in Private Settlements, But Only Where a Bona Fide Dispute Exists

A Federal Appeals Court recently confirmed that under certain circumstances, parties may privately settle and release claims under the Fair Labor Standards Act. A generic release contained in a settlement agreement won’t do...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

BakerHostetler

Rule 68 Offer That Excludes Individual Claim Does Not Moot Putative FLSA Collective Action

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The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v....more

Fisher Phillips

"Extra" Pay And Overtime Headaches

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A recent $4 million settlement between the U.S. Labor Department and a Texas healthcare employer highlights a recurring overtime issue under the federal Fair Labor Standards Act. ...more

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

Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable

In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is...more

Proskauer Rose LLP

California Employment Law Notes - July 2013

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Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

Proskauer Rose LLP

California Employment Law Notes - March 2013

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In this Issue: - California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases, Harris v. Superior Court, 56 Cal. 4th 203 (2013) - Employee Who Exhausted Four Months Of...more

McNees Wallace & Nurick LLC

Top Ten Wage and Hour Developments in 2012 for Pennsylvania Employers

For employers in Pennsylvania, 2012 was another eventful year in the world of wage and hour law. Even in the absence of new federal legislation, a number of noteworthy developments occurred at both the federal and state...more

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