Dancing Through The Minefield Of FLSA Settlements

Law360, New York (August 5, 2014, 10:33 AM EDT) -- More and more, employers have been resorting to arbitration agreements, waivers, releases and other strategies in an attempt to limit their liability in employment matters and either reduce or eliminate the risk and cost of litigation. In light of the surge in litigation under the Fair Labor Standards Act, employers may similarly find themselves tempted to cut deals to eliminate or otherwise reduce the risk of FLSA claims in particular. Additionally, with increased attention being paid to raising the minimum wage, in addition to President Obama's recent executive order instructing the Secretary of the U.S. Department of Labor to re-examine exemptions, employers may be further tempted to cut corners by striking private deals with employees. However, the FLSA is a different animal and employers must understand that, unlike most other employment laws, the ability to obtain valid waivers and releases from FLSA claims is sharply constrained under the law....

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