Two health care workers failed in their bid for preliminary approval of a $9.5 million Fair Labor Standards Act collective settlement.
There are problems with the settlement’s proposed opt-in procedure, releases for the named plaintiffs, and presentation of damage allocations, Judge Richard G. Andrews, of the US District Court for the District of Delaware, said in an Oct. 17 order.
“The approval of collective action is treated as an afterthought in the brief,” the order said in denying the plaintiffs’ approval motion without prejudice.