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Conde v. Hospitality Staffing Solutions, LLC

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

August 9, 2019

KARLOS AYALA CONDE, Plaintiff,
v.
HOSPITALITY STAFFING SOLUTIONS, LLC, 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 THE PARTIES' SETTLEMENT (Doc. 17)

FILED: August 2, 2019

THEREON it is RECOMMENDED that the motion be GRANTED in part.

         I. Background

         Plaintiff 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.

         II. Law

         The 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.[1] 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 nonexclusive factors:

. The existence of collusion behind the settlement.
. 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 merits.
. The range of possible recovery.
. The opinions of counsel.

See Leverso v. SouthTrust Bank of Ala., Nat'l Assoc, 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 ...


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