JULIE A. ROBINSON, District Judge.
Plaintiff Jeffrey Gilmore alleges both federal and state law claims against Defendants L.D. Drilling, Inc. and Mark Davis, including that he was not paid for overtime compensation under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. Before the Court is the parties' Joint Motion to Approve Settlement of Plaintiff's FLSA Claims (Doc. 19). In their motion, the parties ask this Court to approve the settlement of Plaintiff's FLSA claim as stated in Count I of Plaintiff's Complaint.
Plaintiff filed this action on June 13, 2016, under § 216(b) of the FLSA. On September 16, 2016, Defendant L.D. Drilling submitted an Offer of Judgment to Plaintiff pursuant to Fed. R. Civ. P. 68 in the amount of $40,000, plus reasonable attorney fees and costs. The parties have settled the claim and are now asking this Court to approve the settlement as to the FLSA claim, as required under the Act.
A settlement of claims under the FLSA must be presented to the Court for review and a determination of whether the settlement is fair and reasonable.
The settlement of the instant action involves a bona fide dispute. The nature of the dispute is whether Plaintiff was a non-exempt employee, whether he should be paid overtime using a fluctuating-work-week formula, and whether he is entitled to liquidated damages. Plaintiff contends that his agreement with Defendants was that he would be paid $60,000 a year to work forty hours per week, and claims that he was not properly compensated for all hours worked as he was routinely required to work an average of fifty to sixty hours per week. Defendants dispute this allegation and contend that Plaintiff was an exempt employee who was compensated by a salary instead of wages. Plaintiff estimated that he worked approximately 1500 to 1800 hours of overtime for the last three years of his employment. Defendant L.D. Drilling estimated Plaintiff worked approximately 1621.1 hours of overtime in the past three years preceding this lawsuit. Based on this figure, Plaintiff calculated his total uncompensated time at $72,954, plus liquidated damages, for a total of $145,908. Defendant calculated Plaintiff's overtime based upon a fluctuating-work-week for a total of $19,704.45 for unpaid overtime, with no liquidated damages. Defendant offered to settle Plaintiff's FLSA claims only for a total of $40,000, plus attorney's fees and costs, which Plaintiff accepted. These disputes are set forth in the parties' joint motion in support of settlement approval and Plaintiff's Complaint. The Court finds that these issues present a bona fide dispute.
The Court has reviewed the parties' settlement agreement and finds that the settlement proposed by the parties is fair and reasonable.
The parties have agreed that attorneys' fees and expenses in the amount of $21,375.00 is a reasonable attorney fee related to his claim under the FLSA only. This negotiated amount reduces counsels' effective blended hourly rate from $250 per hour to $206, or alternatively, reduces the hours at $250 by 18.4 hours for a total of 85.5 In their motion, the parties set forth the factors Kansas courts use to determine the reasonableness of attorney fee requests,