Cheeks v. Freeport Pancake House, Inc.
| Docket Number | 14-299 |
| Decision Date | 07 August 2015 |
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1980 cases
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Kim v. Lee
...marks omitted) (refusing to approve settlement with confidentiality provisions), cited with approval in Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199, 206 (2d Cir. 2015), cert denied , 577 U.S. 1067, 136 S.Ct. 824, 193 L.Ed.2d 718 (2016). A reasonable factfinder could conclude that ......
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Williams v. Movage, Inc.
...to Federal Rule of Civil Procedure 68. (Dkt. #83). The Court ordered the parties to submit their Rule 68 settlement to the Court for a Cheeks review, although acknowledging that the Second Circuit was reviewing whether such a review was required. (Dkt. #84). Plaintiffs submitted the propose......
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Mei Xing Yu v. Hasaki Rest., Inc.
...and judicial approval, which the district court believed was required under the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015). Both parties disputed the district court's interpretation of the FLSA, Rule 68, and Cheeks , and filed an inte......
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Gaughan v. Rubenstein
...that the Settlement Agreement (the "Agreement") executed between her and Rubinstein is not binding under Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), insofar as the Agreement purported to resolve Gaughan's FLSA claims.Two motions are pending. First, Gaughan seeks to......
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3 firm's commentaries
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Please Pass The Settlement: Second Circuit Widens Split Over Stipulated FLSA Dismissals
...district court or the U.S. Department of Labor ("DOL"). The Second Circuit's ruling in Cheeks v. Freeport Pancake House Inc., et al., 796 F.3d 199 (2d Cir. 2015), contributes to an existing circuit split concerning the role of the federal district courts in overseeing private FLSA settlemen......
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Courts Shy Away From Treble Damages in Wage, Hour Suits
...on overlapping claims for which FLSA liquidated damages have been awarded.") (citation omitted). Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. Baltierra v. Advantage Pest Control Co., No. 14 CIV. 5917, 2015 WL 5474093, at *9 (S.D.N.Y. Sept. 18, 2015) ("Plaintiffs do not seek cumul......
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Second Circuit Holds That FLSA Settlements Require Court Or Department Of Labor Approval
...August 7, 2015, in Dorain Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the United States Court of Appeals for the Second Circuit held that the Fair Labor Standards Act ("FLSA") is an "applicable federal statute" within the meaning of Federal Rule of Civil Procedure 4......
1 books & journal articles
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The Lost Approach to Flsa Settlement Agreements: a Freedom-of-contract Approach
...257 (5th Cir. 2012) (requiring judicial oversight only in particular circumstances). 9. See, e.g., Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015) (requiring judicial oversight of FLSA settlements); Martin, 688 F.3d at 257 (requiring judicial oversight only in parti......