United States District Court, M.D. Florida, Orlando Division
GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE
cause came on for consideration without oral argument on the
MOTION: JOINT RENEWED MOTION FOR REVIEW AND APPROVAL
OF SETTLEMENT AGREEMENT AND ORDER OF JUDGMENT DISMISSING CASE
WITH PREJUDICE (Doc. No. 38)
FILED:May 2, 2018
THEREON it is RECOMMENDED
that the motion be GRANTED.
October 28, 2016, Plaintiff instituted this action against
Defendant for unpaid overtime compensation and retaliation
under the Fair Labor Standards Act (the “FLSA”)
in the Circuit Court of the Ninth Judicial Circuit in and for
Orange County, Florida. Doc. No. 1-1. On December 1, 2016,
Defendant removed the action to this Court. Doc. No. 1. On
April 18, 2018, the parties filed a joint motion for approval
of their settlement agreement. Doc. No. 35. On April 23,
2018, the motion was denied because Plaintiff's counsel,
who had obligations under the settlement agreement, did not
sign the settlement agreement, and the parties did not
address whether the no- reemployment clause was fair. Doc.
No. 37. On January 18, 2018, the parties filed a renewed
joint motion for approval of their new settlement agreement
(the “Motion”). Doc. No. 38.
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