United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
C. IRICK UNITED STATES MAGISTRATE JUDGE.
cause comes before the Court for consideration without oral
argument on the following motion:
MOTION: PARTIES' JOINT MOTION AND MEMORANDUM OF
LAW FOR APPROVAL OF SETTLEMENT AGREEMENT (Doc. 23)
FILED: September 20, 2017
THEREON it is RECOMMENDED
that the motion be GRANTED.
Anderson (Plaintiff) filed the operative complaint against
Lykes Cartage Company LLC (Defendant) on May 25, 2017. Doc.
Plaintiff alleges that he worked for Defendant, a cartage
company, as a dispatcher between July 2014 and January 2016.
Id. at ¶¶ 12-14. Plaintiff alleges that he
“routinely worked in excess of forty (40) hours per
week as part of his regular job duties.” Id.
at ¶ 19. Plaintiff alleges that Defendant knowingly
failed to pay him overtime wages for all of the overtime work
he performed during the relevant period. Id. at
¶¶ 20-24. Thus, Plaintiff asserted a single claim
against Defendant for unpaid overtime wages in violation of
the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207.
Id. at 4-5.
parties reached a settlement in September 2017. Doc. 22.
parties filed a Joint Motion and Memorandum of Law for
Approval of Settlement Agreement (Motion) and their
settlement agreement (Agreement) on September 20, 2017. Docs.
23; 23-1. The Agreement provides that Plaintiff will release
his claim against Defendant, in exchange for receiving $1,
750.00 in unpaid overtime wages, and $1, 750.00 in liquidated
damages. Doc. 23-1 at 3. The Agreement also provides that
Plaintiff will receive $3, 500.00 in attorney fees and costs.
Id. The parties represent that the attorney fees and
costs were “negotiated separate and apart from
Plaintiff s settlement and did not bear any weight on the
amounts received by Plaintiff.” Doc. 23 at 4. The
parties maintain that the Agreement is fair and reasonable,
and request that the Court grant the Motion and dismiss the
Complaint with prejudice. Id. at 4-5.
settlement of a claim for unpaid minimum or overtime wages
under the FLSA may become enforceable by obtaining the
Court's approval of the settlement
agreement. Lynn's Food Stores, Inc. v. U.S.
Dep't of Labor, 679 F.2d 1350, 1352-53 (11th Cir.
1982). The Court, before giving its approval, must scrutinize
the settlement agreement to determine whether it is a fair
and reasonable resolution of a bona fide dispute of plaintiff
s FLSA claims. See Id. at 1353-55. In doing so, the
Court should consider the following nonexclusive factors:
. The existence of collusion behind the
• The complexity, expense, and likely duration of the
• The state of the proceedings and the amount of