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 FOR APPROVAL OF SETTLEMENT AND
DISMISSAL WITH PREJUDICE (Doc. 29)
FILED: August 16, 2019
THEREON it is RECOMMENDED
that the motion be GRANTED.
brought this purported collective action against Defendant
for failure to pay 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. 29 (the
Motion); 29-1 (the Agreement). Under the Agreement, Plaintiff
will receive $28.00 in unpaid wages, $28.00 in liquidated
damages, and $8, 021.68 in attorney fees and costs. Doc.
29-1. The parties argue that the Agreement represents full
compensation for all of Plaintiff's unpaid wages and,
thus, the Court need not conduct a reasonableness review.
Doc. 29. Nevertheless, the parties request approval of the
Agreement and argue that the Agreement 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. 29.
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 settlement.
• The complexity, expense, and likely duration of the
• The state of the proceedings and the amount of
• The probability of plaintiff s success on ...