Just Face It: Plaintiffs Settling FLSA Lawsuits Cannot be Required to Sign Broad Releases

Hats off to Eastern District of Pennsylvania Judge Paul Diamond for his January 9, 2018 Order refusing to approve an FLSA settlement that required workers to release claims that extend beyond the scope of the lawsuit. Lexis subscribers can find the one-page order — which relies on two other EDPA decisions — at Hoover v. Mid-Atlantic Lubes, Inc., 2018 U.S. Dist. LEXIS 7480 (E.D. Pa. Jan. 9, 2017). All of us wage an hour lawyers — on both sides of the “v.” — have been guilty of overlooking the rule that FLSA settlements should not include broad waiver language. But, in recent years, federal judges have been cracking down and enforcing the rule. And that is a good thing.

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