- 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 all
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011