Alt v. Social Impact 360, Inc.
- Edgardo Ramos
- 1:20-cv-04478
- U.S. District Court · Southern District of New York
- 1
In Alt v. Social Impact 360, Inc., Judge Ramos directed the parties to submit their proposed settlement because FLSA dismissal approval was missing.
The order affected Allison Alt, Social Impact 360, Inc., and Thomas Raffa by requiring submission of their proposed FLSA settlement before the requested dismissal could proceed.
What happened
In Alt v. Social Impact 360, Inc., Allison Alt sued Social Impact 360, Inc. and Thomas Raffa under the Fair Labor Standards Act, New York Labor Law, and an employment agreement.
The parties asked to dismiss the case with prejudice based on their proposed settlement. Because the settlement had not been approved by the court or the Department of Labor, the court said the case could not yet be dismissed.
Judge Ramos directed the parties to submit their proposed settlement agreement to the court by October 30, 2020.
The detailed version
- Alt v. Social Impact 360, Inc. · No. 1:20-cv-04478
- Edgardo Ramos
- Oct. 27, 2020
Background
Allison Alt brought claims against Social Impact 360, Inc. and Thomas Raffa under the Fair Labor Standards Act (FLSA), New York Labor Law, and an employment agreement. The opinion states that the action was filed on June 11, 2020.
On October 27, 2020, the parties filed a joint proposed stipulation and order seeking dismissal of the case with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
Court’s Analysis
The court explained that, in the Second Circuit, parties cannot privately settle FLSA claims with prejudice without approval from either the district court or the Department of Labor. The parties had not obtained that approval.
Disposition
The court held that the case could not yet be dismissed under Rule 41(a)(1)(A)(ii). It directed the parties to submit their proposed settlement agreement to the court by October 30, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.