United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
R. HOFFMAN UNITED STATES MAGISTRATE JUDGE.
and Recommendation This cause came on for consideration
without oral argument on the following motion filed herein:
JOINT MOTION FOR APPROVAL OF SETTLEMENT AND I DISMISSAL OF
THE CASE WITH PREJUDICE (Doc. 15)
June 11, 2019
it is RECOMMENDED that the motion be GRANTED IN PART and
DENIED IN PART
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).
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.
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).
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.
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
• The existence of collusion behind the settlement.
• The complexity, expense, and likely duration of the