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 General Release May Not Preclude FLSA Claims Says Fifth Circuit
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 Noah Finkel
California has long been regarded as the epicenter of wage and hour litigation. It is where the most cases are filed. It has the most onerous wage and hour laws. And those laws contain the most draconian remedies. Because of this, California wage and hour claims tend to carry higher settlement value than FLSA claims or
Continue Reading 1 California Class Member = 9 FLSA Collective Action Members
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
Authored by Laura Reasons
Recent Trends in Wage and Hour Litigation, a report recently released by NERA Economic Consulting, analyzes trends across 187 reported settlements of wage and hour cases from 2007 to 2010. What is clear is that wage and hour class litigation is here to stay, and in a big way.
The study reports: