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Federal Court in Arizona Also Questions Need for Supervision of FLSA Settlement

As we recently discussed, the Court of Appeals for the Fifth Circuit called into question the FLSA’s long-standing judicial supervision requirement, creating a split of authority between its decision rejecting the supervision requirement where other indicia of fairness are present, and the Eleventh Circuit’s 1982 decision relied on by courts which requires supervision (Lynn’s Food … Continue Reading

New York Judge Rejects Creative Tolling Argument Following Evidentiary Hearing

Employment practitioners and HR professionals are aware that the limitations period under the Fair Labor Standards Act is two years, extended to three years in the case of “willful” violations under 29 U.S.C. § 255. Further, an individual’s claim under the FLSA generally is measured from the date of the filing of his or her complaint … Continue Reading

Contravening Eleventh Circuit, Fifth Circuit Finds No “Supervision” of FLSA Settlements Required Where Other Indicia of Fairness Are Present

For years, the conventional wisdom among FLSA practitioners has been that waiver of FLSA claims requires “supervision,” either from a court or the federal Department of Labor. This supervision requirement dates back to the seminal appellate case on the subject, Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). Since Lynn’s Food was … Continue Reading

Two New York Courts Rule FLSA Defendants Can Proceed with Counterclaims

Suing one’s employees—current or former—is fraught with expense, risk and the very real possibility of obtaining no relief whatsoever. For these reasons, employers typically do not contemplate or if contemplated decide not to sue employees (outside of the context of restrictive covenants and trade secrets) unless forced into a customary corner: as the defendant in a … Continue Reading