Wage & Hour Litigation Blog

Category Archives: Settlement

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General Release May Not Preclude FLSA Claims Says Fifth Circuit

Posted in Settlement

Co-authored by John L. Collins and Brian Wadsworth

If I settle my employment lawsuit and release “all claims,” does that include wage-hour claims if the subject never came up? Last week, in Bodle, et al. v. TXL Mortgage Corporation, the Fifth Circuit said no.

As wage-hour practitioners know, the law in most circuits makes settlement of wage-hour claims a … Continue Reading

Not So Fast (and Not So Final): Ninth Circuit Tells District Court to Reconsider Final Approval of Class Settlement

Posted in Settlement

Authored by Simon L. Yang

Final approval of a class action settlement sometimes isn’t so final.

At least that’s what the Ninth Circuit reminded Labor Ready Southwest, Inc. and a class of current and former employees earlier this week. On Tuesday, the Ninth Circuit vacated an order granting final approval of their class settlement of FLSA and California Labor Code … Continue Reading

Court Slashes “Princely Sum” Sought By Class Counsel in Wage & Hour Class Action

Posted in Settlement

Co-authored by Robert S. Whitman and Howard M. Wexler

As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees is too high compared to money going to the plaintiffs.

Add Flores v. Mamma Continue Reading

Court “Rolls” Back Attorney Fee Award in Sushi Worker FLSA Settlement

Posted in Settlement

By Rob Whitman and Howard M. Wexler

As we have noted in previous posts, courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements where they are concerned by, for example, the amount of attorneys’ fees as compared to money going to the plaintiffs.

In Fujiwara v. Sushi YasudaContinue Reading

Be Careful What You Wish For – At Least When Seeking Court Approval

Posted in Settlement

By Rob Whitman and Howard M. Wexler

As we have noted in previous posts, courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements where they are concerned by, for example, the amount of attorneys’ fees as compared to money going to the plaintiffs.

One judge who has swum … Continue Reading

To Seek Or Not To Seek (Court Approval)? THAT Is The Question

Posted in Settlement

Co-authored by Rob Whitman, Howard Wexler, and Noah Finkel

Unlike most other causes of action, FLSA claims require court or agency approval before a release can be deemed fully valid and enforceable.  Are there scenarios where it makes sense for employers to “roll the dice” and settle a pending litigation without asking the court to bless the terms … Continue Reading

Run[a]way Recovery: Unpaid Modeling Agency Interns Set to Cash In

Posted in Misclassification/Exemptions, Settlement

Authored by Adam J. Smiley

A New York federal judge gave an initial thumbs-up last Thursday to what is believed to be the largest unpaid internship settlement on the books: $450,000.

Elite Model Management was sued by a former unpaid intern in February 2013 (See Complaint), claiming that Elite deliberately misclassified interns as non-employees who were not protected by … Continue Reading

How Much Does It Cost To Make A Wage And Hour Case Go Away?

Posted in Settlement

Authored by Laura E. Reasons

Well,  . . .  it depends.  A recent report, however, sheds some light on the subject.

NERA Economic Consulting has once again published its Trends in Wage Hour Settlements.  We previously reported on NERA’s 2012 and 2011 publications.

The 2013 update confirms what we all knew — that settlement of wage and hour litigation … Continue Reading

The Battle Wages On: Study Confirms Increase In Dollars To Settle Wage-Hour Claims

Posted in Settlement

Authored by Kevin Young

This year’s “Trends in Wage and Hour Settlements” report, by the National Economic Research Associates, has identified 467 million reasons—75 million more than in 2011—for employers to continue to take proactive measures to avoid litigation under state and federal wage-hour laws.  The report quantifies what most of our readers already know:  wage and hour cases continue … Continue Reading

Judge Says Courts No Longer Need To Play Big Brother To FLSA Settlements

Posted in Settlement

Co-authored by Noah Finkel and Giselle Donado

Parties might be able to privately settle their FLSA disputes without court approval — and without disclosing the amount — provided they don’t care if they obtain a valid release.

Finally a court has untangled the web of case law that often mistook the fact that a release of FLSA claims in a … Continue Reading