United States District Court, M.D. Florida, Orlando Division
KATHLEEN M. AMARAL on behalf of herself and all others similarly situated. Plaintiffs,
U.S. SECURITY ASSOCIATES, INC., Defendant.
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 TO APPROVE FLSA SETTLEMENT AND
FOR ORDER OF DISMISSAL WITH PREJUDICE (Doc. 20)
FILED: July 1, 2019
THEREON it is RECOMMENDED
that the motion be GRANTED.
filed this action pursuant to the Fair Labor Standards Act
(FLSA) for unpaid overtime compensation. Doc. 1. The parties
have settled the case after Plaintiff filed her answers to
the Court's FLSA interrogatories. Docs. 11, 12, 18. The
parties subsequently filed a Joint Motion for Approval of
Settlement, to which the settlement agreement is attached.
Docs. 20 (the Motion); 20-1 (the Agreement). The parties
assert that they have arrived at a compromised settlement
amount that both sides conclude is fair under the
circumstances and request that the Court grant the Motion and
dismiss the case with prejudice. Doc. at 5, 9.
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
(3) The state of the proceedings and the amount of discovery