A Philadelphia federal judge overseeing a wage-and-hour suit called into question a long-standing rule requiring that judges approve settlements in individual Fair Labor Standards Act cases. 

In a sua sponte memorandum, U.S. District Judge Joshua Wolson of the Eastern District of Pennsylvania said the judge-made rule contradicts the purpose of Federal Rule of Civil Procedure 41 by “throwing up procedural hurdles” to resolving disputes. He said the rule had no basis in the FLSA’s text and that parties may settle their claims out of court even after they file suit.

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