Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified.
In a decision sure to send shivers up the spines of wage and hour practitioners in New York, the State’s highest
Co-authored by Robert S. Whitman and Howard M. Wexler
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 face when seeking “finality” through DOL-approved settlements.
In
Co-authored by Brett C. Bartlett and Samuel Sverdlov
Seyfarth Synopsis: The Southern District of New York recently held that parties may not settle FLSA claims without court approval through an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure.
Background: Rule 68
Under Rule 68, a party defending a claim
Authored by Robert S. Whitman and Howard M. Wexler
Seyfarth Synopsis: The U.S. District Court for the Southern District of New York recently announced that cases filed under the FLSA and assigned to Judges Abrams, Briccetti, Carter, Daniels, Ramos, Seibel, and Woods will be ordered directly to mediation, before the initial Rule 16 conference, with
Co-authored by Robert S. Whitman, Howard M. Wexler, and Meredith A. Berger
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 Federal Rule of Civil
Authored by Noah Finkel
As noted by this blog on several occasions, including most recently here, the U.S. Supreme Court and several appellate courts have grappled with the question of whether and to what extent a defendant facing a class or collective action can moot a case by offering a plaintiff complete relief under
Authored by Alex Passantino
‘Twas the week before Christmas, 2-0-1-5
When the poetry elves on the blog came alive.
Crafting their rhymes with a purpose so clear:
Presenting the wage-hour gems of the year.
In January, for new regs in this year our breath bated.
Then for six painful months, we speculated and
Co-authored by Robert S. Whitman and Howard M. Wexler
As we have noted in previous posts (most recently, here), courts have been paying increasingly close attention to the terms of FLSA settlements and, on occasion, refusing to approve agreements. Some parties have responded to this trend by entering into private settlements and filing a
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
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