- 4 - 29 U.S.C. section 216(b). A subsequent pretrial order contained further details of the parties’ factual contentions and legal theories and bifurcated the action to arrange for separate trials on the liability and damage issues. Neither the amended complaint nor the pretrial order made any reference to physical injuries or sickness claimed by any plaintiff. The only claims made were based on the allegedly improper exemption and resulting loss of overtime pay. No trial was ever held because the parties reached a settlement agreement and filed a Joint Motion for Judicial Approval of Settlement Terms and Dismissal of Action With Prejudice (joint motion), setting out the terms of the settlement. With one exception, the plaintiffs settled their claims for 50 percent of the amounts claimed for unpaid overtime compensation and for an equal amount for liquidated damages. The joint motion provided that the defendant would provide the settlement amounts in exchange for liability releases signed by the plaintiffs. The joint motion described the settlement agreement as entailing a “full and final settlement, release and waiver of any and all claims Plaintiffs have made or could have made arising out of any and all known and unknown economic losses or damages compensable under the FLSA”. The actual release stated: I * * * hereby release, acquit and forever discharge the State of Kansas * * * of and from any and allPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011