There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval. There have been some courts that have ruled that parties
Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand AttentionI have settled numerous FLSA cases and note that there are many elements that management-side lawyers always want to see in such a document. One is a confidentiality provision as
Continue Reading Be Careful When Submitting FLSA Settlement Documents To The Court: Confidentiality and General Release Clauses Are Taboo!
When FLSA lawsuits are settled, the matter must go before a federal judge for approval, as opposed to when a “demand letter” is sent and the parties settle prior to
Continue Reading FLSA Settlement Principles Illustrated by Recent Case: A Primer on What Is Appropriate
I read a very interesting article in the Epstein Becker Wage & Hour Defense Blog, whose sentiments I wholeheartedly agree with. It concerns the issue of attorney fees for plaintiff
Continue Reading Plaintiff Attorney Fees in FLSA Cases: The Frustrating, Driving Force in These Cases
The retail industry is notoriously prone to FLSA collective action misclassification lawsuits because there are many levels of management, especially so-called lower management, where the employees may/may not discharge actual/true
Continue Reading Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive
I often settle FLSA actions, as do many other lawyers, defense and plaintiff. It makes sense for both sides, given the costs and uncertainties of litigation and the protracted time
Continue Reading Second Circuit Panel Sharply Questions Lawyers Regarding FLSA Settlements