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 SETTLEMENT (Doc.
FILED: May 9, 2018
THEREON it is RECOMMENDED
that the motion be GRANTED in part.
March 1, 2018, Plaintiff filed a Complaint against Defendants
alleging causes of action for unpaid wages under the Fair
Labor Standards Act (the FLSA) and the Florida Minimum Wage
Act. Doc. 1. On May 9, 2018, the parties filed a joint motion
to approve settlement (the Motion), to which the parties
attached their proposed settlement agreement (the Agreement).
Docs. 16; 16-1. The Agreement provides that Defendant will
pay Plaintiff a total of $4, 500.00: $250.00 in unpaid wages,
$250.00 in liquidated damages, and $4, 000.00 in attorney
fees. Docs. 16 at 3; 16- 1 at 4. The parties request that the
Court review and approve the Agreement, dismiss the case with
prejudice, and retain jurisdiction to enforce the terms of
the settlement. Doc. 16 at 7.
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