Recently Increased Settlement Hurdles, Obstacles and Scrutiny in Wage and Hour Cases: Obtaining Court Approval, Confidentiality of Settlement Terms, Non- Disparagement Provisions and Beyond – ​What Are Courts Looking at to Determine if Settlement is Valid

September 26, 2016 5:35pm

Lee Schreter
Shareholder
Littler Mendelson P.C.

Diana Estrada

Wilson Elser Moskowitz Edelman & Dicker LLP

  • Examining the latest issues, trends and challenges in approaching settlement of wage and hour claims, including individual as well as FLSA claims and class/collective actions
  • Strategies for settlement in the face of recently increasing court scrutiny of, and restrictions on, settlement & settlement agreements
  • Tips and best practices for dealing with the court approval process
  • What are courts currently looking at to determine if settlement is valid?
  • Examining the latest case law rulings on: Confidentiality of settlement terms; Inclusion of non-disparagement provisions in settlement agreements; Restrictions on actions the plaintiff can take with respect to claims of other individual co-workers
  • What other restrictions are courts placing on what parties can mutually agree to under a settlement agreement?
  • Overcoming the hurdles of keeping settlement terms confidential
  • Best practices for conduct during settlements to avoid allegations of collusion between parties
  • Under what circumstances have courts rejected settlements based on a finding of collusion?
  • Challenges and hurdles associated with attorneys’ fees, costs and incentive payments