2nd Circ. Raises Tough Questions About FLSA Settlements

Law360, New York (October 10, 2018, 8:18 PM EDT) -- Three Second Circuit judges asked tough questions at arguments Wednesday over a court's ability to approve or reject certain Fair Labor Standards Act settlements, suggesting they saw merit in both sides and leaving the future of a procedural workaround uncertain.

Sushi chef Mei Xing Yu and his bosses at East Village restaurant Hasaki sought to resolve his underpayment lawsuit for $20,000 and asked a clerk to enter judgment for that amount, but U.S. District Judge Jesse Furman said the FLSA requires him to review it. Realizing that courts have disagreed, however, he said an appeal could go forward, leading to Wednesday's...

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