Employer-Employee: Overtime Violations-Class Action Settlement

Defendants appealed the trial court’s judgment approving a class action settlement. Plaintiff filed a class action alleging overtime violations by defendants. Defendants argued that the trial court erred in entering judgment against the individual judgment, contending that it was relief not requested by plaintiff’s pleadings. Defendants further argued that they were not bound by the settlement agreement reached after mediation.

Where plaintiff filed a motion to enforce that created a collateral action for specific performance of the settlement agreement, the judgment was based on the terms of the agreement rather than the trial court’s authority to grant relief on the underlying petition. Furthermore, defendants had taken a litigation position that the parties had signed the settlement agreement.

Judgment is affirmed and remanded.

Vollmer v. Hicks Enrichment resource Outreach Enlightenment Services, LLC (MLW No. 84147/Case No. WD87747 – 17 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Boone County, Chapman, J. (Clark Jones, Columbia, for appellants) (Anthony Meyer, Columbia, and Brian Moody, Springfield, for respondents)