Barbee v. Big River Steel LLC, No. 18-2255 (8th Cir. 2019)
Annotate this CaseAny authority for judicial approval of Fair Labor Standards Act settlements in 29 U.S.C. 216 does not extend to review of settled attorney fees. Plaintiff appealed the district court's order modifying the attorney fees in the parties' settlement agreement. The Eighth Circuit vacated the portion of the district court's judgment awarding the fees, holding that the district court lacked authority to review the settled attorney fees under Federal Rule of Civil Procedure 41. In this case, the parties were entitled to settle the attorney fee issue and no law gave the district court authority to interfere with that unconditional right.
Court Description: Grasz, Author, with Shepherd and Melloy, Circuit Judge] Civil case - Fair Labor Standards Act. In this class action for unpaid overtime wages under the Fair Labor Standards Act and Arkansas law, the parties settled the claims and the amount of attorneys' fees; the district court reduced the fee award and plaintiff appeals. Held: Any authority for judicial approval of an FLSA settlement in 29 U.S.C. Sec. 216 does not extend to review of settled attorneys' fees, and the district court lacks authority to take any action on the settled attorneys' fees.
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