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:
SECOND AMENDED JOINT MOTION FOR APPROVAL OF SETTLEMENT (Doc.
February 20, 2019
it is RECOMMENDED that the motion be
filed this action pursuant to the Fair Labor Standards Act
(FLSA) for unpaid overtime compensation. Doc. 1. The parties
settled the case after Defendant filed its Answer and
Plaintiff filed her answers to the Court's FLSA
Interrogatories. Docs. 16; 21. The parties subsequently filed
an Amended Joint Motion for Approval of Settlement, to which
the settlement agreement was attached. Docs. 36; 36-1 (the
Agreement). By Order dated April 11, 2019, the undersigned
denied the motion without prejudice and directed the parties
to file a renewed motion for settlement approval consistent
with the Order. Doc. 38. The motion was denied because the
parties referenced a separate “Confidentiality
Agreement” that included a general release of
“non-FLSA potential claims, ” but the Court was
unaware of the exact nature of the agreement and the
consideration paid to Plaintiff in return for the release.
Id. Pending before the Court is the parties'
Second Amended Joint Motion for Approval of Settlement
Agreement (the Motion). Doc. 39. Instead of reattaching the
Agreement, the parties refer the Court to the document
previously filed at Doc. 36-1 (the Agreement). Doc. 39 at 2.
parties seek review to determine whether the Agreement is a
“fair and reasonable resolution of a bona fide dispute
over Plaintiff's claim. In Lynn's Food Stores,
Inc. v. U.S. Dep't of Labor, 679 F.2d 1350,
1352-53 (11th Cir. 1982), the Eleventh Circuit addressed the
means by which an FLSA settlement may become final and
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 and under section 216(b) to
recover back wages for FLSA violations. When employees bring
a private action or 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.
the parties have submitted a motion, the Court must
scrutinize the attached Agreement to determine if it is a
fair and reasonable resolution of a bona fide dispute.
See id. at 1354-55. In determining whether the
Agreement 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 state of the proceedings and the amount of discovery