DANIEL C. IRICK, Magistrate Judge.
This cause comes before the Court for consideration without oral argument on the following motion:
On May 15, 2017, Plaintiff filed a Complaint against Defendants alleging a cause of action for an alleged violation of the overtime provisions of the Fair Labor Standards Act (the FLSA). Doc. 1. On April 12, 2018, the parties filed a joint motion to approve settlement (the Motion), to which the parties attached their proposed settlement agreements (the Agreements). Docs. 51; 51-1; 51-2. The Agreements provide that Defendants Winghouse II, Inc. (Winghouse) and Crawford F. Ker (Ker) will pay Plaintiff $5,500.00 to settle his FLSA claims: $970.90 in unpaid wages, $970.90 in liquidated damages, and $3,558.20 in attorney fees. Docs. 51 at 2-3; 51-1 at 2-3. The Agreements provide that Defendant Soaring Wings, LLC (Soaring Wings) will pay Plaintiff $6,000.00 to settle his FLSA claims: $1,500.00 in unpaid wages, $1,500.00 in liquidated damages, and $3,000.00 in attorney fees. Docs. 51 at 3-4; 51-2 at 2-3. The parties request that the Court review and approve the Agreements, and dismiss this case with prejudice. Doc. 51 at 6.
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.
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. See Cotton v. Hinton, 559 F.2d 1326, 1331 (5th Cir. 1977).
The Court, in addition to the foregoing factors, must also consider the reasonableness of the attorney fees to be paid pursuant to the settlement agreement "to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement." Silva v. Miller, 307 F. App'x 349, 351-52 (11th Cir. 2009).
The parties were represented by experienced counsel in this litigation, which involved disputed issues of liability under the FLSA. See Docs. 1; 33; 51 at 5-6. In their Motion, the parties represented the following: Defendants asserted that Plaintiff was compensated at the appropriate rate for all time worked; the settlement did not involve coercion, collusion, or undue influence; the settlement was agreed upon voluntarily after significant exchange of information and discussion between the parties' counsel; and the Agreements represent a reasonable compromise of Plaintiff's claims. Doc. 51.
Based upon the foregoing, the undersigned finds that $1,941.80 from Defendants Winghouse and Ker, and $3,000.00 from Defendant Soaring Wings are fair and reasonable settlement amounts in this case.
Upon review of the Agreements, the undersigned finds that the terms of the Agreements do not affect the overall reasonableness of the settlement. The Agreements do not contain a general release, confidentiality provision, non-disparagement clause, or other potentially problematic contractual provision sometimes found in proposed FLSA settlement agreements. Accordingly, it is
Pursuant to the Agreements, Plaintiff's counsel will receive a total of $6,558.20 as attorney fees and costs. Docs. 51 at 2-4; 51-1 at 2-3; 51-2 at 2-3. The parties represented that the attorney fees and costs were negotiated separately and without regard to the amounts paid to Plaintiff. Docs. 51 at 2-5; 51-1 at 2-3; 51-2 at 2-3. The settlement is reasonable to the extent previously discussed, and the parties' foregoing representation adequately establishes that the issue of attorney fees and costs was agreed upon separately and without regard to the amount paid to Plaintiff. See Bonetti, 715 F. Supp. 2d at 1228. Accordingly, pursuant to Bonetti, it is
Accordingly, it is
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.