Noah Finkel Discusses Courts Revisiting FLSA Settlement Approvals 10 Years After Cheeks in Law360

Law360 quoted Noah Finkel in its article, “Courts Debate FLSA Deal Approvals 10 Years After Cheeks,” on August 20. Finkel discussed how, following the Cheeks ruling, parties in the Second Circuit have increasingly turned to resolving cases through offers of judgment—a mechanism under Civil Procedure Rule 68 that courts are required to accept without discretion.

“Rule 68 carries downsides, since the defendant takes a judgment against itself. It's not usually a viable way to settle a case.”

The full article is available here.