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: JOINT MOTION FOR APPROVAL OF FLSA SETTLEMENT
AGREEMENT (Doc. 15)
FILED: April 18, 2018
THEREON it is RECOMMENDED
that the motion be GRANTED in part.
February 12, 2018, Plaintiff filed a Complaint against
Defendant alleging a cause of action for an alleged violation
of the overtime and minimum wage provisions of the Fair Labor
Standards Act (the FLSA). Doc. 1. On March 12, 2018,
Defendant answered Plaintiff's Complaint. Docs. 10. The
Court entered an FLSA Scheduling Order on March 14, 2018.
April 18, 2018, the parties filed a joint motion to approve
settlement (the Motion), to which the parties attached their
proposed settlement agreement (the Agreement). Doc. 15. The
Agreement provides that Defendant will pay Plaintiff $7,
748.00 to settle her FLSA claims: $1, 624.00 in unpaid wages,
$1, 624.00 in liquidated damages, and $4, 500.00 in attorney
fees. Id. at 2, 7. The parties request that the
Court review and approve the Agreement, and dismiss this case
with prejudice. Id. . at 1-3.
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
. The complexity, expense, and likely
duration of the litigation.
. The state of the proceedings and the
amount of discovery ...