![]() ![]() § 1981, the Employee Retirement Income Security Act, the New York State Human Rights Law, the New York City Human Rights Law, and any other Federal, State, or municipal statute, order, regulation, or ordinance. In it, Plaintiff releases a wide range of claims, including all claims arising under: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Family and Medical Leave Act, 42 U.S.C. The Here, the release provision is similarly overbroad. In Rivera, the District Court refused to approve a settlement that released all claims brought under the Employee Retirement Income Safety Act of 1974 (“ERISA”), the Civil Rights Acts of 1964, and other claims unrelated to the wage-and-hour claims at issue there. 11, 2017) (internal quotation marks omitted). ![]() Furthermore, “In FLSA cases, courts in this District routinely reject release provisions that waive practically any possible claim against the defendants, including unknown claims and claims that have no relationship whatsoever to wage-and-hour issues.” Rivera v. “In determining whether the proposed settlement is fair and reasonable, a court should consider the totality of circumstances, including but not limited to the following factors: (1) the plaintiff’s range of possible recovery (2) the extent to which the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claims and defenses (3) the seriousness of the litigation risks faced by the parties (4) whether the settlement agreement is the product of arm’s-length bargaining between experienced counsel and (5) the possibility of fraud or collusion.” Felix v. The parties therefore must satisfy the Court that their agreement is “fair and reasonable.” Beckert v. In this Circuit, parties cannot privately settle FLSA claims with prejudice absent the approval of the district court or the Department of Labor. On December 6, 2018, the parties submitted an application for the Court to approve the Settlement and Release Agreement between Plaintiff and the Defendants (“Agreement”), and to dismiss this action with prejudice. Ramos, D.J.: Hai Long Li brought the above-captioned action against Patina Restaurant Group, LLC, d/b/a The Sea Grill, Delaware North Companies, Inc., and Raroc, LLC, (collectively, “Defendants”), for overtime compensation, spread-of-hours premiums, and failure to provide wage notices and statements under the New York Labor Law (“NYLL”) and Fair Labor Standards Act (“FLSA”). 26 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HAI LONG LI, individually and on behalf of all others similarly situated, Plaintiff, – against – OPINION AND ORDER PATINA RESTAURANT GROUP, LLC, d/b/a THE SEA GRILL, DELAWARE NORTH COMPANIES, INC., and RAROC, LLC, 17 Civ. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |