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Barbee v. Big River Steel, LLC, No. 18-2255 (June 20, 2019)

Articles Discussing Case:

Eighth Circuit Holds Independent Agreements for Attorneys’ Fees in FLSA Settlements Are Not Subject to Judicial Review

Ogletree Deakins • July 15, 2019
Last month, in Barbee v. Big River Steel, LLC, No. 18-2255 (June 20, 2019), the United States Court of Appeals for the Eighth Circuit held that an independent agreement for attorneys’ fees in connection with a Fair Labor Standards Act (FLSA) settlement does not require court approval—without intimating any position on the current circuit split as to whether FLSA settlements in general require judicial approval. As stated by the court, under the express language of the FLSA, 29 U.S.C. § 216(b), attorneys’ fees are allowed “in addition to any judgment awarded,” such that the merits of an FLSA claim and the attorneys’ fees are distinct.
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