News & Analysis as of

Fair Labor Standards Act (FLSA) Employment Litigation Settlement

Bradley Arant Boult Cummings LLP

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

Whiteford

Employment Law Update: Growing Number of Courts Reject FLSA Settlement Approval Requirement

Whiteford on

The legal landscape surrounding Fair Labor Standards Act (“FLSA”) settlements is changing as a result of a split among federal courts on whether such settlements actually require judicial or Department of Labor (“DOL”)...more

Frantz Ward LLP

Ohio Federal Court Preliminarily Approves $20 Million Settlement for Kroger Wage and Hour Lawsuit

Frantz Ward LLP on

On February 20, 2025, Judge Jeffrey P. Hopkins of the U.S. District Court for the Southern District of Ohio entered an order preliminarily approving a $20.8 million settlement in a collective and class action lawsuit by...more

Bradley Arant Boult Cummings LLP

Work Hard, Play Hard: Third Circuit Establishes Test for Analyzing Employee Status of NCAA College Athletes Under FLSA

The landscape of college sports is undergoing rapid transition, driven by significant changes such as the advent and growth of name, image, and likeness (NIL) rights for college athletes and the House v. NCAA proposed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ohio Federal Court Rules Judicial Approval Not Required in FLSA Settlements

In Gilstrap v. Sushinati LLC, the U.S. District Court for the Southern District of Ohio rejected the notion that the parties’ private agreement to settle claims under the Fair Labor Standards Act (FLSA) required court...more

Bradley Arant Boult Cummings LLP

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

When Is ‘No Fee’ a Reasonable Fee? 11th Circuit’s Guidance on Reasonableness in FLSA Attorneys’ Fees Cases

On February 1, 2021, in an unpublished opinion resolving a Fair Labor Standards Act (FLSA) attorney’s fees dispute, the Eleventh Circuit Court of Appeals, in Batista v. South Florida Womans Health Associates, Inc., struck...more

Littler

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

Littler on

On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who...more

Seyfarth Shaw LLP

15th Annual Workplace Class Action Litigation Report

Seyfarth Shaw LLP on

Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever. ...more

Seyfarth Shaw LLP

The 2019 Annual Workplace Class Action Litigation Report Is Almost Here!

Seyfarth Shaw LLP on

Seyfarth Synopsis: Happy Holiday season to our loyal readers of the Workplace Class Action Blog! Our elves are busy at work this holiday season in wrapping up our start-of-the-year kick-off publication – Seyfarth Shaw’s...more

Fox Rothschild LLP

Second Circuit Panel Sharply Questions Lawyers Regarding FLSA Settlements

Fox Rothschild LLP on

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 it takes for a case to weave its way through...more

Seyfarth Shaw LLP

4 Key Trends In Workplace Class Action Litigation For 2017: #1 Class Action Settlements

Seyfarth Shaw LLP on

Seyfarth Synopsis: The monetary value of the top workplace class action settlements skyrocketed in 2017. Though all-time highs in this category were reached in each of the past three years, this year’s Report found that...more

Seyfarth Shaw LLP

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

Seyfarth Shaw LLP

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

Seyfarth Shaw LLP on

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

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