dismissal with prejudice

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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 Procedure 41(a)(1)(A).

Settling FLSA…
Continue Reading District Court Turns the Other “Cheeks” on Parties’ Proposed Stipulation of Dismissal

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 simple stipulation of dismissal with…
Continue Reading Show & Tell: Second Circuit Holds FLSA Bars Private Settlements