Blog Post

Aug 1, 2012

Fifth Circuit Enforces Private FLSA Settlement And Makes Its Own Summer Blockbuster

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Federal district and appellate courts historically have refused to enforce settlements and/or waivers of FLSA rights without Department of Labor or court approval.  We recently blogged here, for example, about a recent ruling from the Southern District of New York that rejected a proposed settlement of overtime claims because the proposed agreement contained a confidentiality clause.  In Martin et al. v. Spring Break ’83 Productions, L.L.C. et al.; No. 11-30671 (July 24, 2012), a case involving the filming and production of a soon-to-be-released movie, the Fifth Circuit refused to follow this trend and became the first federal appellate court to enforce a private FLSA settlement.  We are not sure if Spring Break ’83 will captivate moviegoers, but the Fifth Circuit’s ruling could be this summer’s blockbuster.

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