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 Not So Fast (and Not So Final): Ninth Circuit Tells District Court to Reconsider Final Approval of Class 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 Slashes “Princely Sum” Sought By Class Counsel in Wage & Hour Class Action
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 Yasuda
Continue Reading Court “Rolls” Back Attorney Fee Award in Sushi Worker FLSA 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 Be Careful What You Wish For – At Least When Seeking Court Approval
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 To Seek Or Not To Seek (Court Approval)? THAT Is The Question
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
Continue Reading Run[a]way Recovery: Unpaid Modeling Agency Interns Set to Cash In
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 How Much Does It Cost To Make A Wage And Hour Case Go Away?
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 The Battle Wages On: Study Confirms Increase In Dollars To Settle Wage-Hour Claims
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 Judge Says Courts No Longer Need To Play Big Brother To FLSA Settlements
Co-authored by Robert S. Whitman and Adam J. Smiley
In February, this blog reported on two FLSA collective actions filed by former unpaid interns for The Hearst Corporation and Fox Searchlight Pictures. These interns claimed, respectively, that they should have been paid for work performed for about 20 magazines and on the production of the 2010 film “Black Swan.”
Hot on the
Continue Reading Former Athletics Department Intern Throws Flag On Hamilton College’s Pay Practices