Mei Xing Yu v. Hasaki Restaurant, Inc., No. 17-3388 (2d Cir. 2019)Annotate this Case
After plaintiff filed suit against her employer for violation of the Fair Labor Standards Act's overtime provisions, the employer made an offer of judgment under Federal Rule of Civil Procedure 68(a) and plaintiff accepted. Before the judgment was entered, the district court sua sponte ordered the parties to submit the settlement agreement to the court for a fairness review 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).
The court held, however, that judicial approval was not required of Rule 68(a) offers of judgment settling FLSA claims. The court considered amici's other arguments and found them to be without merit. Accordingly, the court reversed and vacated the district court's order, remanding with instructions.