On December 6, 2019, the Second Circuit Court of Appeals held that judicial approval is not required for offers of judgment to settle Fair Labor and Standards Act (“FLSA”) claims made pursuant to Federal Rule of Civil Procedure 68(a). This development may provide employers with a valuable strategic tool for use in FLSA cases, at least in the Second Circuit, allowing the parties to include terms in offers of judgment that the courts might disallow were court approval required.
Generally speaking, Rule 68 offers of judgment are a pre-trial mechanism whereby defendants can cap their ...
Blog Editors
Recent Updates
- Employers in California: Don’t Forget That “Joint Employers” Are Not Vicariously Liable for Each Other’s Conduct
- Many State and Local Minimum Wages Increased on January 1, 2025
- California Court of Appeal Holds That Every PAGA Action Necessarily Includes an Individual PAGA Claim – and Plaintiffs With Arbitration Agreements Must Arbitrate Their Individual Claims First
- Time Is Money: A Quick Wage-Hour Tip on … California Meal and Rest Period Requirements, Revisited
- California Minimum Wage Will Still Increase Even Though Voters Rejected a Minimum-Wage Hike