DANIEL C. IRICK, Magistrate Judge.
This cause comes before the Court for consideration without oral argument on the following motion:
On September 15, 2016, Plaintiff filed a Complaint against Defendant alleging two causes of action arising under the Fair Labor Standards Act (the FLSA); specifically, a cause of action for recovery of unpaid minimum wages and a cause of action for retaliation in violation of the FLSA. Doc. 1. On October 21, 2016, Defendant filed its Answer and Affirmative Defenses. Doc. 9.
On January 12, 2018, the parties filed an amended joint motion to approve settlement (the Motion), to which the parties attached their proposed settlement agreement (the Agreement).
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; 9; 36 at 5. In their Motion, the parties represented the following: that the parties engaged in substantive discovery; that Defendant produced complete and thorough records; that upon review of those records, Plaintiff determined that he had been paid for all hours worked; that Plaintiff, as a result, no longer wishes to pursue his good faith claim for the recovery of unpaid minimum wages; that the parties vigorously disputed the merits of the case; that each party was represented by competent and experienced counsel; that the parties entered into the settlement agreement in recognition of the risks inherent in any litigation; and that the parties agree that $1,500.00 in lost wages and $1,500.00 in liquidated damages is a fair and reasonable resolution of Plaintiff's retaliation claim. Doc. 36 at 1-6.
Based upon the foregoing, the undersigned finds that $3,000.00
Upon review of the Agreement, the undersigned finds that the terms of the Agreement do not affect the overall reasonableness of the settlement. The Agreement does 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 Agreement, Plaintiff's counsel will receive a total of $9,000.00 as attorney fees and costs. Docs. 36 at 3; 36-1 at 3. The parties represented that the attorney fees and costs were negotiated separately. Doc. 36 at 2. 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.