United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE.
cause came on for consideration without oral argument on the
following motion filed herein:
MOTION: JOINT MOTION TO APPROVE SETTLEMENT AGREEMENT (Doc.
FILED: March 27, 2017
THEREON it is RECOMMENDED that the motion be GRANTED in part
and DENIED in part.
October 26, 2016, Plaintiff filed a complaint (the
“Complaint”) against Defendant. Doc. No. 1. Count
I alleges unpaid overtime in violation of the Fair Labor
Standards Act (the “FLSA”), 29 U.S.C. § 201
et seq. Id. at 5. Count II is for recovery
of minimum wages for Plaintiff's final work week.
Id. at 6; Doc. No. 18 at 1. On January 23, 2017,
Plaintiff filed answers to the Court's interrogatories.
Doc. No. 15. In the answers, Plaintiff claims $5, 220 in
damages for unpaid overtime. Id. at 4. Plaintiff also
claims an equal amount in liquidated damages. Id. On
March 27, 2017, the parties filed their Joint Motion to
Approve Settlement Agreement (the “Motion”). Doc.
No. 18. In the Motion, the parties represent that they have
reached a settlement with respect to all claims. Id.
at 4. Accordingly, the parties request the Court approve
their attached settlement agreement (the
“Agreement”) and issue an order dismissing
Plaintiff's claims with prejudice. Id. at 5. The
matter has been referred to the undersigned for a report and
recommendation. Doc. No. 9.
Lynn's Food Stores, Inc. v. United States Department
of Labor, 679 F.2d 1350, 1352-53 (11th Cir. 1982), the
Eleventh Circuit addressed the means by which an FLSA
settlement may become final and enforceable:
There are only two ways in which back wage claims arising
under the FLSA can be settled or compromised by employees.
First, under section 216(c), the Secretary of Labor is
authorized to supervise payment to employees of unpaid wages
owed to them . . . The only other route for compromise of
FLSA claims is provided in the context of suits brought
directly by employees against their employer under section
216(b) to recover back wages for FLSA violations. When
employees bring a private action for back wages under the
FLSA, and present to the district court a proposed
settlement, the district court may enter a stipulated
judgment after scrutinizing the settlement for fairness.
unless the parties have the Secretary of Labor supervise the
payment of unpaid wages owed or obtain the Court's
approval of the settlement agreement, the parties'
agreement is unenforceable. Id. Before approving an
FLSA settlement, the Court must scrutinize it to determine if
it is a fair and reasonable resolution of a bona fide
dispute. Id. at 1354-55. If the settlement reflects
a reasonable compromise over issues that are actually in
dispute, the Court may approve the settlement. Id.
determining whether the settlement is fair and reasonable,
the Court should consider the following factors:
(1) the existence of collusion behind the settlement;
(2) the complexity, expense, and likely duration of the
(3) the stage of the proceedings and the amount of discovery
(4) the probability of plaintiff's success on the merits;
(5) the range of possible ...