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
MOTION: AMENDED JOINT MOTION FOR APPROVAL OF
SETTLEMENT AND INCORPORATED MEMORANDUM OF LAW (Doc. No.
FILED: May 26, 2017
THEREON it is RECOMMENDED that the motion be
5, 2017, Plaintiff filed an Amended Complaint against
Defendant, alleging that Defendant failed to pay him overtime
compensation in violation of the Fair Labor Standards Act
(the “FLSA”). Doc. No. 10. On May 26, 2017, the
parties filed an Amended Joint Motion for Approval of
Settlement (the “Motion”). Doc. No.
The Settlement Agreement and Release of Claims (the
“Agreement”) is attached to the Motion. Doc. No.
17-1. This matter was referred to the undersigned for a
report and recommendation. For the reasons that follow, it is
recommended that the Motion be granted.
Lynn's Food Stores, Inc. v. United States Department
of Labor, 679 F.2d 1350 (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