High Court Asked To Review Private FLSA Settlements And Standard For Individual Liability Under The FLSA

As we blogged here earlier this year, the Fifth Circuit in Martin et al. v. Spring Break ’83 Productions, L.L.C. et al.; No. 11-30671 (July 24, 2012) became the first federal appellate court to enforce a private FLSA settlement. Now, the United States Supreme Court may get a chance to weigh in on this issue for the first time since the 1940s. That is because on October 22, 2012, the plaintiffs in Martin filed a petition for writ of certiorari seeking review of the Fifth Circuit’s decision, arguing that the case creates a circuit split regarding private FLSA settlements and the standard for individual liability under the FLSA.

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