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.

Quinones v. Carteret Management Corp.

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

July 15, 2019

NELSON PEREZ QUINONES, Plaintiff,
v.
CARTERET MANAGEMENT CORPORATION, INC., Defendant.

          REPORT AND RECOMMENDATION

          GREGORY J..KELLY, UNITED STATES MAGISTRATE JUDGE

         This cause came on for consideration without oral argument on the following motion:

         MOTION: JOINT MOTION FOR APPROVAL OF SETTLEMENT AND TO DISMISS CASE WITH PREJUDICE (Doc. No. 20)

         FILED: July 2, 2019

         THEREON it is RECOMMENDED that the motion be GRANTED.

         I. BACKGROUND.

         On December 4, 2018, Plaintiff filed a Complaint against Defendant for unpaid overtime wages, pursuant to the Fair Labor Standards Act (the “FLSA”), 29 U.S.C. §§ 201 et seq. Doc. No. 1. On July 2, 2019, the parties filed a joint motion for approval of a Settlement Agreement (“Agreement”) as to Plaintiff's FLSA claim (“the Motion”). Doc. Nos. 1 and 20.

         II. LAW.

         In 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.

         Thus, 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.

         In 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 ...

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.