United States District Court, M.D. Florida, Orlando Division
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 THE PARTIES'
SETTLEMENT (Doc. 17)
FILED: August 2, 2019
THEREON it is RECOMMENDED
that the motion be GRANTED in part.
brought this action against Defendants failure to pay minimum
and overtime wages in violation of the Fair Labor Standards
Act (FLSA). Doc. 1. The parties subsequently filed a joint
motion to approve their settlement, to which they attached
their settlement agreement. Docs. 17 (the Motion); 17-1 (the
Agreement). Under the Agreement, Plaintiff will receive $3,
240.44 in unpaid wages, $3, 240.44 in liquidated damages, and
$4, 305.00 in attorney fees and costs. Doc. 17-1. The parties
argue that the Agreement represents full compensation for all
of Plaintiff's unpaid wages and, thus, is a fair and
reasonable resolution of Plaintiff's FLSA claims, and the
parties request that the Court grant the Motion and dismiss
the case with prejudice. Doc. 17.
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 F.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
. The complexity, expense, and likely
duration of the litigation.
. The state of the proceedings and the
amount of discovery completed.
. The probability of plaintiff s success on
. The range of possible recovery.
. The opinions of counsel.
See Leverso v. SouthTrust Bank of Ala., Nat'l
18 F.3d 1527, 1531 n.6 (11th Cir. 1994). The
Court may approve the settlement if it reflects a reasonable
compromise of the FLSA claims that are actually in dispute.
See Lynn's Food Stores, 679 F.2d at 1354. There
is a strong presumption in favor of settlement. S ...