Spring 2015

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Articles

The Fair Labor Standards Act of 1938 (FLSA or Act), signed into law by President Franklin Roosevelt, represents one of the New Deal’s hallmarks. The FLSA established a minimum wage “necessary for health, efficiency, and general well-being of workers.” Additionally, early judicial interpretations of the law thwarted attempts by employers to subvert the Act’s purpose by coercing employees to waive their FLSA rights. Not long after its passage, the Supreme Court issued a series of opinions that cast severe doubt on the possibility of any private resolution of FLSA wage disputes. Later, in 1982, the Eleventh Circuit explicitly rejected private settlements of FLSA claims. Nonetheless, the Supreme Court has not ruled squarely on the issue. Whether private settlements of FLSA disputes may be permissible in certain situations remains an open question, and recent judicial decisions suggest that such settlements may be lawful.