United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION 
A. BAKER, UNITED STATES MAGISTRATE JUDGE.
cause came on for consideration without oral argument on the
PLAINTIFF'S MOTION FOR APPROVAL OF SETTLEMENT AS TO
DEFENDANTS CARDIFF LEXINGTON CORPORATION AND ROLLAN ROBERTS
II (Doc. No. 71)
January 3, 2020
it is RECOMMENDED that the motion be
February 7, 2019, Plaintiff filed an Amended Complaint
against Defendants for unpaid minimum wages, pursuant to the
Fair Labor Standards Act (the “FLSA”), 29 U.S.C.
§§ 201 et seq. Doc. No. 5. On November 12,
2019, the Court approved a settlement between Plaintiff and
Defendants Jay and Fernanda Jahid (the “Jahids”).
Doc. Nos. 62, 66. On January 3, 2020, Plaintiff filed an
unopposed motion for approval of a Settlement Agreement
(“Agreement”) as to Plaintiff's FLSA claims
against Defendants Cardiff Lexington Corporation and Rollan
Roberts II (“Defendants”) (“the
Motion”). Doc. Nos. 5 and 71.
Lynn's Food Stores, Inc. v. United States Department
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 under section
216(b) to recover back wages for FLSA violations. When
employees bring a private action for 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.
unless the parties have the Secretary of Labor supervise the
payment of unpaid wages owed or obtain the Court's
approval of the settlement agreement, the parties'
agreement is unenforceable. Id.; see also
Sammons v. Sonic-North Cadillac, Inc., No.
6:07-cv-277-Orl-19DAB, 2007 WL 2298032, at *5 (M.D. Fla. Aug.
7, 2007) (noting that settlement of FLSA claim in arbitration
proceeding is not enforceable under Lynn's Food
because it lacked Court approval or supervision by the
Secretary of Labor). Before approving an FLSA settlement, the
Court must scrutinize it to determine if it is a fair and
reasonable resolution of a bona fide dispute.
Lynn's Food Store, 679 F.2d at 1354-55.
If the settlement reflects a reasonable compromise over
issues that are actually in dispute, the Court may approve
the settlement. Id. at 1354.
determining whether the settlement 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