United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
C. IRICK, UNITES STATES MAGISTRATE JUDGE
cause comes before the Court for consideration without oral
argument on the following motion:
MOTION: AMENDED JOINT MOTION FOR APPROVAL OF
SETTLEMENT AGREEMENT (Doc. 36)FILED: January
THEREON it is RECOMMENDED
that the motion be GRANTED.
September 15, 2016, Plaintiff filed a Complaint against
Defendant alleging two causes of action arising under the
Fair Labor Standards Act (the FLSA); specifically, a cause of
action for recovery of unpaid minimum wages and a cause of
action for retaliation in violation of the FLSA. Doc. 1. On
October 21, 2016, Defendant filed its Answer and Affirmative
Defenses. Doc. 9.
January 12, 2018, the parties filed an amended joint motion
to approve settlement (the Motion), to which the parties
attached their proposed settlement agreement (the
Agreement).Docs. 36; 36-1. The Agreement provides that
Defendant will pay Plaintiff $12, 000.00 to settle Plaintiffs
FLSA claims: $1, 500.00 in unpaid overtime wages, $1, 500.00
in liquidated damages, and $9, 000.00 in attorney fees. Docs.
36 at 3; 36-1 at 3. The parties request that the Court
approve the Agreement and dismiss this case with prejudice.
Doc. 36 at 6.
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. Dept 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 litigation.
. The state of the proceedings and the
amount of discovery completed.
. The probability of plaintiff s success on
. The range of possible recovery.