As most readers of this blog know, Fair Labor Standards Act (“FLSA”) collective action settlements must be approved by the court as “fair and reasonable” resolutions of a “bona fide dispute” (although it is less clear whether such a requirement should apply to FLSA lawsuits settled on behalf of individual employees). On September 3, 2019, Judge J. Nicholas Ranjan (who recently took a seat on the Western District of Pennsylvania bench) issued an opinion preliminarily rejecting the parties’ request that the motion papers seeking approval be filed under seal pursuant to a confidentiality provision in the settlement agreement. The opinion in Kapolka v. Anchor Drilling Fluids, USA, LLC, 2:18-cv-01007-NR is available HERE. I think the opinion is concise and thoughtful. It cites numerous cases holding that, as a matter of public policy, FLSA settlements should be available to the public. So it’s a good resource for lawyers researching the confidentiality issue. -PW