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:
MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT AND
MOTION TO DISMISS THE CASE WITH PREJUDICE (Doc. 19)
FILED: April 3, 2019
THEREON it is RECOMMENDED
that the motion be GRANTED in part and DENIED in
filed this action pursuant to the Fair Labor Standards Act
(FLSA) for unpaid overtime compensation. Doc. 1. The parties
subsequently filed a Joint Notice of Settlement. Doc. 17.
Pending before the Court is the Parties' Joint Motion for
Approval of Settlement and Motion to Dismiss the Case, to
which the settlement agreement is attached. Docs. 19 (the
Motion); 19-1 (the Agreement). The parties state that they
have exchanged information regarding the hours Plaintiff
worked and his compensation and have settled the case during
mediation in order to avoid the costs and uncertainty of
litigation. Doc. 19 at 1, 4.
parties assert that there is a bona fide issue as to
whether Plaintiff worked the number of hours he is claiming,
and the Agreement represents a fair and reasonable resolution
of Plaintiff's FLSA claims. Id. at 5. The
parties request that the Court grant the Motion, dismiss the
case with prejudice, and retain jurisdiction in order to
enforce the terms of the settlement agreement. Id.
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 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 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