FLSA Judgment Offers Don’t Need Court’s OK, 2d Cir. Rules (1)

A New York sushi restaurant could use a procedural rule to settle a federal wage-and-hour lawsuit without getting the judicial approval typically required for such deals, the Second Circuit ruled Dec. 6.

The U.S. Court of Appeals for the Second Circuit overruled a federal judge who said Hasaki Restaurant Inc.’s settlement proposal—made via an offer of judgment under Federal Rule of Civil Procedure Rule 68—was subject to judicial review. A former chef had accepted the restaurant’s offer to settle his Fair Labor Standards Act lawsuit seeking unpaid overtime.

The ruling appears to give litigants a way to avoid judicial oversight ...