In 2012, the Court of Appeals for the Fifth Circuit held that union members who worked on a film shoot and later brought FLSA claims subsequently waived those claims through a private agreement between their union and the production company. Martin v. Spring Break ’83 Productions, L.L.C., 688 F.3d 247 (5th Cir. 2012).
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Federal Court in Arizona Also Questions Need for Supervision of FLSA Settlement
By Noel P. Tripp on
Posted in Litigation
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 (…
Contravening Eleventh Circuit, Fifth Circuit Finds No “Supervision” of FLSA Settlements Required Where Other Indicia of Fairness Are Present
By Noel P. Tripp on
Posted in Litigation
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…