Hernandez v. International
- Lorna Schofield
- 1:24-cv-09931
- U.S. District Court · Southern District of New York
- 2
In Hernandez v. WTS International, Judge Schofield entered a $20,000 Rule 68 judgment resolving individual wage claims without class approval.
Ricky Hernandez, opt-in plaintiff Mariya Verechshak, WTS International, LLC, and any absent putative class members, who were not bound by the judgment.
What happened
Ricky Hernandez and opt-in plaintiff Mariya Verechshak sued WTS International, LLC under the Fair Labor Standards Act and New York Labor Law. The case also included allegations seeking class treatment, but no class had been certified.
The plaintiffs accepted WTS International’s offer of judgment under Federal Rule of Civil Procedure 68. The offer provided one payment of $20,000, including attorneys’ fees and costs, and resolved only the individual claims of the named and opt-in plaintiffs.
Judge Lorna G. Schofield ordered judgment for the plaintiffs in the total amount of $20,000, including fees and costs. She ruled that separate approval or notice for a class settlement was unnecessary, directed the Clerk to close open motions, and closed the case.
The detailed version
- Hernandez v. International · No. 1:24-cv-09931
- Lorna Schofield
- Sept. 2, 2025
Background
The plaintiffs brought claims under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The First Amended Complaint also included allegations under Federal Rule of Civil Procedure 23 seeking class treatment. No class had been certified, and the parties did not seek certification for purposes of resolving the case.
On August 29, 2025, the plaintiffs filed a notice accepting WTS International’s offer of judgment under Federal Rule of Civil Procedure 68, along with a proposed judgment. The offer provided for a total payment of $20,000, inclusive of attorneys’ fees and costs.
Court’s Analysis
The court explained that stipulated dismissals in FLSA cases generally require judicial approval under Second Circuit precedent. An accepted Rule 68 offer of judgment in an FLSA case, however, does not require that approval. Because the parties proceeded through Rule 68, entering judgment—not approving a stipulated dismissal—was the appropriate disposition of the FLSA claim.
The court also determined that Rule 23(e) approval and notice were unnecessary for the NYLL claims and class allegations. The accepted offer provided one inclusive amount and resolved only the individual claims of Ricky Hernandez and opt-in plaintiff Mariya Verechshak. It did not bind any absent putative class member, and no class had been certified.
Disposition
The court ordered that Ricky Hernandez and Mariya Verechshak recover $20,000 from WTS International, LLC, inclusive of attorneys’ fees and costs, subject to the terms of the accepted offer of judgment. The court directed the Clerk to enter judgment, close all open motions, and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.