KETANJI BROWN JACKSON, United States District Judge.
Miya Eley, Tamika White, Jessica Glover, Crystal Fletcher, Ashley Tyree, Shrell Turner, Britney Robinson, Karen Tucker, Keonda King, Antonia Miller, Angela Eiss, Sara Kendall, Ashley Gooden, Rayanee Tabbs, Autumn Gregory, Dana Ricks, and Taneisha King (collectively, "Plaintiffs") are former exotic dancers who have filed the instant lawsuit against Defendants Stadium Group, LLC and RCX, LLC ("RCX") to recover unpaid wages and statutory damages under the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201 et seq., and the D.C. Minimum Wage Revision Act of 1992 ("DCMWA"), D.C. Code §§ 32-1001 et seq. (See Sixth Am. Compl. ("Compl."), ECF No. 31, at 1-2.)
Plaintiffs are former dancers who performed at The Stadium Club, an exotic dance club in the District of Columbia that is presently owned by Defendant RCX. (See Mot. to Approve at 4.)
On September 22, 2015, at Plaintiffs' request, this Court conditionally certified a class comprised of all individuals who worked at The Stadium Club from September 19, 2011, until September 22, 2015. (See Order Granting in Part and Den. in Part Pls.' Mot. for Notice to Potential Pls. and for Conditional Certification, ECF No. 30, at 1.) Thereafter, several additional Plaintiffs opted into this action. (See Mot. to Approve at 4.) The parties then engaged in a period of discovery, and elected to pursue mediation. (See id. at 5, 6, 9.)
After completing two full-day mediation sessions, RCX reached a settlement agreement with each of the individual plaintiffs. (See id. at 6.) Pursuant to the terms of the proposed agreement, RCX agreed to pay each Plaintiff an amount that varied between $1,700 and $17,200 (totaling $165,100), plus attorneys fees and costs, in exchange for Plaintiffs' promise to release RCX from "any and all claims for any wage and hour violations that may have occurred arising from or relating to each Plaintiff's employment[,] ... whether known or unknown, ... through the date each Plaintiff signs [the] Agreement." (Settlement Agreement, ECF No. 68-1, at 6.) To fulfill this payment obligation, RCX agreed to make quarterly installment payments to each of the named Plaintiffs over the course of approximately three years, calculated based on each Plaintiffs pro rata share of the total settlement amount. (See id. at 4 (outlining Plaintiffs' proportionate shares of the settlement fund).) In addition, the proposed agreement provides $99,900 in compensation for attorneys' fees and costs, which represents approximately 37% of the total $265,000 recovery amount. (See Settlement Agreement Payment Schedule A, ECF No. 68-2, at 1.)
On December 21, 2016, the parties jointly moved for this Court's approval of the proposed settlement agreement. (See generally Mot. to Approve.) This Court held a hearing regarding the terms of the settlement on February 9, 2017.
"The D.C. Circuit has not opined about whether judicial approval is required of FLSA settlements reached after an FLSA suit has been filed or the related issue of whether such approval is a prerequisite for subsequent judicial enforcement of a private settlement." Sarceno, 78 F.Supp.3d at 449. However, given that a court's refusal to assess proposed FLSA settlements ex ante "leaves the parties in an uncertain position[,]" courts in this district often agree to review proposed FLSA settlements when the parties jointly seek judicial approval. Carrillo, 51 F.Supp.3d at 131; see also Sarceno, 78 F.Supp.3d at 449-50. Notably, however, "[t]he Court's review of a proposed FLSA settlement is properly limited only to those terms precisely addressing the compromised monetary amounts to resolve pending wage and overtime claims." Carrillo, 51 F.Supp.3d at 134.
When assessing the terms of an FLSA settlement agreement, the court
Furthermore, when a proposed settlement of FLSA claims includes the payment of attorneys' fees, courts regularly assess the reasonableness of the fee award. See, e.g., Wolinsky, 900 F.Supp.2d at 336. In reviewing fee awards in similar contexts, courts in this jurisdiction have considered the percentage of the recovery that is comprised of attorneys' fees, as well as the relationship between the costs incurred and the fees recovered. See Sarceno, 78 F.Supp.3d at 452; see also Carrillo, 51 F.Supp.3d at 134 (explaining that courts are "reluctant to approve a settlement where the plaintiffs' attorneys receive more in compensation than the plaintiffs themselves").
The parties in the instant case have identified several genuine disputes of fact and law that would need to be addressed in order to resolve Plaintiffs' FLSA claims. These disputes involve issues that are substantial and material, such as (1) whether Plaintiffs even qualify as "employees" for the purpose of the relevant wage-and-hour statutes (i.e., it may well be that Plaintiffs are independent contractors with no right to wages or statutory protections, see, e.g., McFeeley v. Jackson St. Entm't, 825 F.3d 235, 241-44 (4th Cir. 2016) (assessing whether exotic dancers should be classified as independent contractors or employees); Reich v. Circle C. Invs. Inc., 998 F.2d 324, 327-29 (5th Cir. 1993) (same)); (2) what number of hours each Plaintiff worked at The Stadium Club during the relevant period (see Mot. to Approve at 8); and (3) whether the payments Plaintiffs received in exchange for private or semi-private dance performances included service fees owed to Defendants that might have exceeded any minimum wage obligation Defendants owed (see February 9, 2017 Hr'g Tr. ("Hr'g Tr."), at 6, 7). These disputes
This Court also concludes that the parties' proposed terms for settling this matter are fair and reasonable, in light of the totality of the circumstances surrounding this settlement agreement. To determine the value of the wage claims to each Plaintiff, each Plaintiff individually estimated the total number of hours she worked at The Stadium Club, and that figure was multiplied by the applicable minimum wage in the District of Columbia during the relevant time period. (See Hr'g Tr. at 3-4, 6-7 (statement of Plaintiffs' counsel).)
According to the parties, these extrapolated figures drove the subsequent settlement negotiations. (See id. at 12.) At first, after reviewing RCX's estimate of the hours worked and the amount to be paid to each Plaintiff, a number of individual Plaintiffs contested RCX's estimation. (See id. at 8.) The parties soldiered on despite this disagreement and, ultimately, each individual Plaintiff was presented with, and consented to, an individualized settlement amount, which, together with attorneys' fees, totaled $265,000 — a figure well in excess of the amount RCX had originally calculated. (See id. 9, 11-12.) Thus, when the Court considers "where the settlement amount falls between the plaintiffs' position and [that of] the defendant[,]" Sarceno, 78 F.Supp.3d at 451, it finds that the instant agreement "provides total damages closer to that asserted by the plaintiffs" in a manner that does "not appear to be ... a product of employer `overreaching.'" Carrillo, 51 F.Supp.3d at 133-34.
Nor does it appear that anything more than arm's length negotiation was at play with respect to the parties' agreement. See Carrillo, 51 F.Supp.3d at 132. Prior to reaching a settlement, the parties "engaged in meaningful discovery and investigation of the claims, including exchange of relevant documents." (Mot. to Approve at 9.) Moreover, the parties participated in two full-day mediation sessions with the assistance of two well-regarded mediators (see Mot. to Approve at 6; Hr'g Tr. at 4-5), and throughout the negotiation process, all parties were represented by counsel with "significant experience litigating employment claims, including claims under the FLSA for unpaid overtime and hours worked." (Mot. to Approve at 9.) "The process by which the instant settlement was reached, therefore, bears all the indicia of one that leads to a just outcome." Carrillo, 51 F.Supp.3d at 134.
Turning to the negotiated attorneys' fees amount ($99,900), this Court notes that the proposed fee award represents approximately 37% of the total recovery. (See Settlement Agreement Payment Schedule A at 1.) Plaintiffs' counsel had originally agreed to represent Plaintiffs in exchange for a 40% contingency fee, but ultimately agreed to accept the lower percentage in order to facilitate settlement of this matter. (See Hr'g Tr. at 19-20.) During the hearing, Plaintiffs' counsel acknowledged that this gross payment amount exceeds the lodestar rates calculated under the USAO Laffey Matrix — which equal approximately $54,000 (see id. at 20-21; see also Stadium Club Litigation Billing Records, Attach. A to Hr'g Tr.).
For the foregoing reasons, the parties' Joint Motion to Approve FLSA Settlement Agreement is