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: MOTION TO REVIEW AND APPROVE SETTLEMENT AND
DISMISS ACTION WITH PREJUDICE AS TO ROMANOFF FLOOR COVERING
INC[.] ONLY (Doc. No. 96)
FILED: March 23, 2018
THEREON it is RECOMMENDED
that the motion be GRANTED in part and DENIED in
December 22, 2017, Plaintiff filed an “Amended
Complaint” against Defendant Romanoff Floor Covering,
Inc. (“Romanoff”), among others, alleging a
violation of the overtime provisions of the Fair Labor
Standards Act (the “FLSA”), 29 U.S.C. § 201,
et seq. (the “FLSA”). Doc. No. 73 at
¶¶ 55-64. On March 23, 2018, the parties filed a
Motion to Review and Approve Settlement and Dismiss Action
With Prejudice as to Romanoff Floor Covering Inc[.] Only (the
“Motion”). Doc. No. 96. This matter has been
referred to the undersigned for a report and recommendation.
For the reasons that follow, it is recommended that the
Motion be granted in part and denied in part.
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
(3) the stage of the proceedings and the amount of discovery
(4) the probability of plaintiff's success on ...