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Julian v. Applied Robotics Inc.

Settlement Rejected; Release Overbroad, Non-Disparagement Clause Lacks Carve-Out

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DECISION and ORDER   Currently before the Court, in this Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq., action filed by Brian Julian (“Plaintiff”) against Applied Robotics, Inc. (“Defendant”), is a proposed settlement agreement, which has been forwarded to the Court for approval. (Dkt. No. 36; Dkt. No. 38.) For the reasons set forth below, the Court rejects the settlement agreement.1 I. RELEVANT BACKGROUND Plaintiff commenced this action on February 18, 2019. (Dkt. No. 1.) Plaintiff alleges that he was employed by Defendant “[a]t all times material and relevant.” (Dkt. No. 1 at 11.) Plaintiff asserts the following two claims: (1) Defendant intentionally and knowingly treated him as an exempt employee to circumvent overtime pay requirements pursuant to §213(a) of the FLSA; and (2) Defendant intentionally and knowingly treated him as an exempt employee to circumvent overtime pay requirements pursuant the New York Labor Law (“NYLL”) §661 and 12 N.Y.C.R.R. §472.2. (Id. at

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