Is Court Approval Still Required for FLSA Settlements? (An examination of current trends)

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The court-approval requirement for settlements under the Fair Labor Standards Act (FLSA) has long posed challenges for employers and employees alike. Since the U.S. Court of Appeals for the Eleventh Circuit’s seminal decision in 1982 in Lynn’s Food Stores v. United States holding that parties are required to obtain court approval of FLSA settlements, courts around the country largely have followed its requirements. However, over the last several years, several federal courts increasingly have questioned this requirement, casting doubt on the continued vitality of Lynn’s Food.

This course will examine:

• The history of the court-approval requirement for settlements under FLSA, beginning with the Eleventh Circuit’s seminal Lynn’s Food case.

• The post-Lynn’s Food split among federal courts, including an examination of recent cases Alcantara v. Duran Landscaping and Askew v. Inter-Continental Hotels.

• The current landscape for settlements under the FLSA and how attorneys on both sides of wage and hour disputes address the requirement.

 

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