Earlier this month, in Yu v. Hasaki Restaurant Inc., the Second Circuit Court of Appeals ruled that settlements of Fair Labor Standards Act (“FLSA”) lawsuits reached through the “offer of judgment” procedure under Rule 68 of the Federal Rules of Civil Procedure do not require judicial approval.  The court’s decision resolved a significant open

As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions.   On January 20, 2016, in Campbell-Ewald v. Gomez, 136 S.Ct. 663 (2016), the United States Supreme Court ruled

The New Jersey Supreme Court recently ruled in Best v. C&M Door Controls, Inc., _N.J._ (Oct. 14, 2009) that defendants can never be awarded counsel fees under the offer-of judgment rule in any case in which plaintiffs benefit from a statutory fee-shifting provision, including the Prevailing Wage Act (“PWA”).

The offer of judgment rule