Authored By Robert Whitman
Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final collective certification of FLSA claims are different from those for class certification of state law wage claims under Rule 23.
Authored by Noah Finkel
The Tampa Bay Buccaneers had a tough week last week. It wasn’t just their loss to the Detroit Lions. Defeats on Sundays are something with which the Bucs have grown accustomed. Rather, last week the 11th Circuit Court of Appeals held that the Bucs’ attempt to have an adverse judgment against themselves would not end a
Continue Reading Can’t Win For Losing? Try Offering Complete Relief, Not Rule 68
Co-authored by Gerald L. Maatman, Jr. and Scott Rabe
“Sometimes surrender is the best option.” That is how Judge Raymond J. Dearie of the U.S. District Court for the Southern District of New York described how the Rule 68 Offer of Judgment may be used by employers to pay—i.e., “pick off”—individual plaintiffs to defeat a broader and significantly more
Continue Reading Perfecting The “Pick Off”: Using A Rule 68 Offer Of Judgment To Get FLSA Collective Actions “Out”