Cheeks v. Freeport Pancake House, Inc., No. 14-299 (2d Cir. 2015)
Annotate this CasePlaintiff appealed from the district court's refusal to enter the parties' stipulation of settlement dismissing, with prejudice, plaintiff's claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. 216(c), and New York Labor Law. The court agreed with the district court's holding that parties cannot enter into private settlements of FLSA claims without either the approval of the district court or the DOL. Therefore, in the absence of such approval, parties cannot settle their FLSA claims through a private stipulated dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Accordingly, the court affirmed and remanded for further proceedings.
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