Washington Federal Court Rules FLSA Rights Can Be Waived by Contract
In Lomibao v. AGC Biologics, Inc. , No. 25-cv-00361 (February 5, 2026), the U.S. District Court for the Western District of Washington ruled that a f ormer employee’s Fair Labor Standards Act (FLSA) claims were validly released through a private separation agreement executed at the time of his employment termination. Central to the court’s holding was its rejection of the plaintiff’s argument that FLSA rights can never be waived by contract—a question that has divided federal courts and has significant implications for employers using severance agreements to resolve potential wage-and-hour claims. 0:00 7:30 Quick Hits The U.S. District Court for the Western District of Washington recently granted summary judgment to an employer, holding that the plaintiff’s FLSA and Washington state wage claims were barred by a valid separation agreement and release . The court rejected the argument that FLSA rights can never be waived by contract, finding no binding authority or statutory text t...