United States District Court, M.D. Florida, Orlando Division
NICOLETTE S. FOSTER, Plaintiff,
REINA COSMETICS, INC. d/b/a #1 BEAUTY SUPPLY & RIAD ELKHATIB, Defendants.
REPORT AND RECOMMENDATION
GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE.
cause came on for consideration without oral argument on the
MOTION: JOINT MOTION AND STIPULATION FOR APPROVAL OF
SETTLEMENT AND DISMISSAL WITH PREJUDICE AND SUPPORTING
MEMORANDUM OF LAW (Doc. No. 17)
FILED: June 11, 2019
THEREON it is RECOMMENDED that the motion be GRANTED.
September 21, 2018, Plaintiff filed a five count Complaint
against Defendants for sexual harassment, hostile work
environment, retaliation under Title VII of the Civil Rights
Act of 1964, 42 U.S.C. §§ 2000e, et seq, as amended
by the Civil Rights Act of 1991 and the Florida Civil Rights
Act of 1992, Chapter 760 et seq., and for unpaid overtime
wages, pursuant to the Fair Labor Standards Act (the
“FLSA”), 29 U.S.C. §§ 201 et seq. Doc.
No. 1. On June 11, 2019, the parties filed a joint motion for
approval of a Settlement Agreement (“Agreement”)
solely as to Plaintiff's FLSA claim which is Count V of
the Complaint (“the Motion”). Doc. Nos. 1 and 17.
Lynn's Food Stores, Inc. v. United States Department
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 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.; see also
Sammons v. Sonic-North Cadillac, Inc., No.
6:07-cv-277-Orl-19DAB, 2007 WL 2298032, at *5 (M.D. Fla. Aug.
7, 2007) (noting that settlement of FLSA claim in arbitration
proceeding is not enforceable under Lynn's Food
because it lacked Court approval or supervision by the
Secretary of Labor). 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.
Lynn's Food Store, 679 F.2d at 1354-55.
If the settlement reflects a reasonable compromise over
issues that are actually in dispute, the Court may approve
the settlement. Id. at 1354.
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