Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gordon v. Deltran Operations USA, Inc.

United States District Court, M.D. Florida, Orlando Division

June 27, 2019

MARK GORDON, Plaintiff,
v.
DELTRAN OPERATIONS USA, INC., Defendant.

          REPORT AND RECOMMENDATION

          LESLIE R. HOFFMAN UNITED STATES MAGISTRATE JUDGE.

         Report and Recommendation This cause came on for consideration without oral argument on the following motion filed herein:

         MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT AND I DISMISSAL OF THE CASE WITH PREJUDICE (Doc. 15)

         FILED: June 11, 2019

         THEREON it is RECOMMENDED that the motion be GRANTED IN PART and DENIED IN PART

         I. Background

         The Plaintiff filed a one-count complaint in state court, alleging violations of the overtime wage provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207. (Doc. 1-1 at 4-5). More specifically, the Plaintiff alleges that that he regularly worked for the Defendant in excess of 40 hours per work week, but the Defendant misclassified him as an exempt employee and, in turn, failed to pay him overtime wages. (Id. at ¶¶ 13-16).

         The Defendant removed the case to this Court on April 5, 2019 (Doc. 1), and an FLSA Scheduling Order issued on April 15, 2019 (Doc. 8). The parties settled the case prior to the Plaintiff responding to the Court's FLSA Interrogatories. (Doc. 14).

         On June 11, 2019, the parties filed a joint motion to approve their settlement agreement, (Doc. 15 (Motion)). They attached a copy of their settlement agreement to the motion (Doc. 15-1 (Agreement)). Under the Agreement, the Plaintiff will receive $1, 750.00 in unpaid wages, $1, 750.00 in liquidated damages, and $3, 000.00 in attorney fees and costs in exchange for releasing any and all FLSA claims that the Plaintiff may have against the Defendant as of the date the Agreement was executed. (Doc. 15-1 at ¶¶2-3). The parties argue that the Agreement represents a fair and reasonable resolution of the Plaintiffs FLSA claim and request that the Court grant the Motion and dismiss the case with prejudice. (Doc. 15 at 9).

         II. Law

         The 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.[1] Lynn's Food Stores, Inc. v. U.S. Dep't of Labor, 679?.2d 1350, 1352-53 (11th Cir. 1982). Before approving an FLSA settlement, the Court 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 settlement.
• The complexity, expense, and likely duration of the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.