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: JOINT MOTION FOR APPROVAL OF FLSA SETTLEMENT
AND ORDER OF DISMISSAL WITH PREJUDICE (Doc. 28)
FILED: January 19, 2018
THEREON it is RECOMMENDED
that the motion be GRANTED.
filed this action against Defendant alleging that she
performed overtime work for Defendant, but Defendant failed
to pay her time-and-a-half for all of the overtime hours she
worked. Doc. 2 at ¶¶ 7-15. Thus, Plaintiff asserted
the following claims against Defendant: Count I - unpaid
overtime wages in violation of Florida Statute § 448.01;
and Count II - unpaid overtime wages in violation of the Fair
Labor Standards Act (FLSA), 29 U.S.C. § 207.
Id. at 3-6.
parties were unable to settlement the case during the
settlement conference required by the FLSA Scheduling Order
(Doc. 18), and, thus, the Court entered a Case Management
Scheduling Order (Doc. 21), which permitted the parties to
engage in full discovery. The parties eventually reached a
settlement, and executed a settlement agreement (Agreement),
in which they agreed that Plaintiff will receive $2, 200.00
in unpaid overtime wages, an equal amount in liquidated
damages, $300.00 for a general release in Defendant's
favor, $150.00 for a non-disparagement provision in
Defendant's favor, $150.00 for a confidentiality
provision in Defendant's favor, and $3, 000.00 in
attorney fees and costs. Doc. 28-1 at 3-4.
parties filed a Joint Motion for Approval of FLSA Settlement
and Order of Dismissal with Prejudice (Motion), as well as
the executed Agreement. Docs. 28; 28-1. The parties argue
that the Agreement constitutes a fair and reasonable
resolution of Plaintiff s FLSA claim, and request that the
Court grant the Motion and dismiss the case with prejudice.
Doc. 28 at 8.
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
• The existence of collusion behind the settlement.
• The complexity, expense, and likely duration of the