Plaintiffs– Appellants, however, were also class members of a previously settled opt out class action in California state court that released FLSA claims. KING, Circuit Judge: Plaintiffs–Appellants claim that Defendants–Appellees violated the Fair Labor Standards Act (“FLSA”) by, inter alia, improperly classifying them as exempt employees and failing to pay appropriate overtime. WELLS FARGO & COMPANY WELLS FARGO HOME MORTGAGE, INCORPORATED, Defendants - Appellees Appeal from the United States District Court for the Southern District of Texas Before KING, SMITH, and COSTA, Circuit Judges. WACHOVIA MORTGAGE CORPORATION WACHOVIA CORPORATION WORLD MORTGAGE COMPANY, also known as World Mortgage Co. Cayce Clerk RAYMOND RICHARDSON JUDITH GOTT ANGELA KOLMANSBERGER JAMES CHAPLIN LUCY GONZALES DONNA LYNN PONTELLO BILL EARLY, Plaintiffs - Appellants v. Accordingly, the court affirmed the judgment.Ĭase: 15-20711 Document: 00513718469 Page: 1 Date Filed: IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. The court concluded that there was insufficient evidence to find a due process violation and rejected plaintiffs' claims that there was inadequate representation because of the improprieties committed by ILG and class counsel’s response, and the notice sent to class members was inadequate. 1738 and the fact that FLSA claims can be released, and therefore precluded, by the settlement of an opt out class action in state court does not conflict with section 216(b)’s requirement that such claims only be asserted on an opt in basis. Epstein, that plaintiffs’ FLSA claims in the instant appeal would be precluded by the Lofton settlement under California law the FLSA does not create an implied exception to the Full Faith and Credit Act, 28 U.S.C. The court concluded, pursuant to Matsushita Elec. The court concluded that the FLSA does not create an exception to how California preclusion law would treat the enforcement of an opt out class action settlement, and the Lofton settlement was a final judgment for preclusion purposes. The district court granted summary judgment to defendants. Plaintiffs were also class members of a previously settled opt out class action in California that released FLSA claims (the Lofton settlement). 201 et seq., by improperly classifying them as exempt employees and failing to pay appropriate overtime. Plaintiffs filed suit alleging that defendants violated the Fair Labor Standards Act (FLSA), 29 U.S.C.
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