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 REVISED SETTLEMENT AGREEMENT
AND TO DISMISS WITH PREJUDICE (Doc. No. 29)
FILED: April 17, 2017
THEREON it is RECOMMENDED that the motion be GRANTED in part
and DENIED in part.
25, 2016, Plaintiff filed a complaint against Defendants
alleging unpaid overtime in violation of the Fair Labor
Standards Act (the “FLSA”), 29 U.S.C. § 201
et seq. Doc. No. 1. On October 3, 2016, Plaintiff
filed his answers to the Court's interrogatories. Doc.
No. 19. In his answers, Plaintiff did not provide a precise
calculation of alleged damages. Id. at 2. Instead,
he states that he “will provide a more precise
calculation upon receipt of Defendants' complete
production of weekly payroll information …”
Id. On November 16, 2016, Plaintiff filed a notice
of settlement. Doc. No. 22. Thus, the parties settled their
case before Plaintiff provided a precise calculation of his
December 29, 2016, the parties filed a joint motion to
approve their FLSA settlement agreement and dismiss the case
with prejudice (the “First Motion”). Doc. No. 25.
On February 2, 2017, the undersigned denied the First Motion
because separate consideration was not given for: 1) the
broad general release; and 2) the confidentiality provision.
Doc. No. 26 at 3-7. On April 17, 2017, the parties filed a
joint motion (the “Renewed Motion”) to approve
their revised FLSA settlement agreement (the
“Agreement”) and dismiss the case with prejudice.
Doc. No. 29. The matter has been referred to the undersigned
for a report and recommendation. Doc. No. 12. For the reasons
that follow, the undersigned recommends that the Agreement be
approved with certain modifications and the case be dismissed
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