MAC R. McCOY, Magistrate Judge.
Pending before the Court are the parties' Joint Motion to Approve Settlement Agreement and to Dismiss With Prejudice (Doc. 32) and the Wage and Hour Settlement Agreement (Doc. 32-1) filed on April 12, 2017. Plaintiff Richard Denoncour and Defendants Barrett's of S.W. Florida, Inc. and Joel Barrett request that the Court approve the parties' settlement of the Fair Labor Standards Act ("FLSA") claim.
To approve the settlement of the FLSA claim, the Court must determine whether the settlement is a "fair and reasonable resolution of a bona fide dispute" of the claims raised pursuant to the Fair Labor Standards Act ("FLSA"). Lynn's Food Store, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982); 29 U.S.C. § 216. There are two ways for a claim under the FLSA to be settled or compromised. Id. at 1352-53. The first is under 29 U.S.C. § 216(c), providing for the Secretary of Labor to supervise the payments of unpaid wages owed to employees. Id. at 1353. The second is under 29 U.S.C. § 216(b) when an action is brought by employees against their employer to recover back wages. Id. When the employees file suit, the proposed settlement must be presented to the district court for the district court's review and determination that the settlement is fair and reasonable. Id. at 1353-54.
The Eleventh Circuit has found settlements to be permissible when the lawsuit is brought by employees under the FLSA for back wages because the lawsuit
Id. at 1354.
Plaintiff began his employment with Defendants in July 2012. (Doc. 1 at ¶ 9). Plaintiff was a sales associate and his job duties included selling products and rental equipment for Defendants. (Id. at ¶¶ 10, 11). Plaintiff claims that Defendants violated the FLSA "by failing to pay [Plaintiff] unpaid overtime wages." (Doc. 32 at 1).
Even though a bona fide dispute exists between the parties, the parties decided to settle this matter at mediation. (Doc. 32 at 1). Defendants agree to pay Plaintiff $27,684.11 for his claims. (Doc. 32-1 at 2). The Court has reviewed the Settlement Agreement (Doc. 32-1) and determines that the terms of the Settlement Agreement are reasonable.
Defendants agree to pay $19,815.89 in attorney's fees. (Id. at 2). The amount of attorney's fees and costs were agreed upon separately, and without regard to the amount paid to Plaintiff. (Doc. 32 at 3). As explained in Bonetti v. Embarq Management Company, 715 F.Supp.2d 1222, 1228 (M.D. Fla. 2009), "the best way to insure that no conflict [of interest between an attorney's economic interests and those of his client] has tainted the settlement is for the parties to reach agreement as to the plaintiff's recovery before the fees of the plaintiff's counsel are considered. If these matters are addressed independently and seriatim, there is no reason to assume that the lawyer's fee has influenced the reasonableness of the plaintiff's settlement." In Bonetti, Judge Presnell concluded that,
Id. In the instant case, a settlement was reached, and the attorney's fees were agreed upon without compromising the amount paid to Plaintiff. The Settlement Agreement (Doc. 32-1) appears reasonable on its face.