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.

Amaral v. U.S. Security Associates, Inc.

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

August 2, 2019

KATHLEEN M. AMARAL on behalf of herself and all others similarly situated. Plaintiffs,
v.
U.S. SECURITY ASSOCIATES, INC., Defendant.

          REPORT AND RECOMMENDATION

          DANIEL C. IRICK UNITED STATES MAGISTRATE JUDGE

         This 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.

         I. Background

         Plaintiff 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.[1] 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.

         II. Law

         In 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.

         Since 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 litigation;
(3) The state of the proceedings and the amount of discovery ...

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.