Tag Archives: FLSA

Judge Pauley: Parties Cannot Settle FLSA Case Under “Shroud of Secrecy”

In an opinion last week, Judge Pauley refused to allow the parties in an FLSA case to redact portions of a Settlement Agreement, and further refused to approve the settlement itself. Judge Pauley found that the presumption of public access to judicial documents was fundamentally at odds with the parties’ attempt to settle under a “shroud … Continue Reading

Judge Furman: Parties Cannot Circumvent Approval of FLSA Settlements with Rule 68 Offer of Judgment

In an opinion yesterday, Judge Furman weighed in on  — and certified for interlocutory appeal — an issue that has divided judges in the Southern District:  whether the requirement that FLSA settlements be approved by the DOL or the Court can be avoided by a settlement accomplished via a Rule 68 offer of judgment.  Because … Continue Reading

NYC Uber Drivers File Labor Class Action, Claiming Employee Status

Today, the New York Taxi Workers Alliance filed a class action complaint on behalf roughly 5,000 New York City Uber drivers against Uber Technologies and its related entities.  The complaint alleges that Uber’s drivers are misclassified as independent contractors and that Uber’s compensation scheme falls far below statutory minimum wage and overtime requirements.… Continue Reading

Judge Torres Dismisses Putative Class Action Against Trump Model Management

Yesterday, Judge Torres dismissed a putative class action of foreign models against Trump Model Management and two of its officers.  The models brought claims under the FLSA, the Immigration  and Nationality Act (INA), and RICO, alleging that Trump Model Management had recruited them to come to the United States on H-1B visas but then underpaid … Continue Reading

Judge Abrams Dismisses Contract Attorney Overtime Claims Against Quinn Emanuel

Yesterday, Judge Abrams granted Quinn Emanuel’s motion for summary judgment and dismissed overtime claims brought by a purported class of contract attorneys.  The plaintiff, hired by a third-party staffing firm that provided contract attorneys for Quinn Emanuel’s document review projects, argued that he was entitled to overtime under the Fair Labor Standards Act and New … Continue Reading

Judge Pauley Criticizes Attorneys Creating Their Own “Caselaw” By Citing Signed Orders They Drafted in Other Cases

In opinion today reducing the attorney’s fees awarded to class counsel in an FLSA case, Judge Pauley criticized the plaintiffs’ attorneys for supporting their fees by citing “caselaw” suggesting that one-third of the recovery is an appropriate amount, when those cases were really signed orders drafted by counsel in other cases:… Continue Reading

Judge Abrams Denies Motion to Dismiss Contract Attorney Class Action for Overtime

In a one-page order today, Judge Abrams denied Quinn Emanuel’s motion to dismiss a class action seeking unpaid overtime for contract attorneys who perform document review.  Judge Abrams found there were fact questions as to whether the plaintiff was or was not “engaged in the ‘practice of law,’” which would take him out of the … Continue Reading