DANIEL C. IRICK, Magistrate Judge.
This cause comes before the Court for consideration without oral argument on the following motion:
Plaintiff filed this action against Defendant claiming that it failed to pay her overtime wages in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207. Doc. 1.
Plaintiff submitted answers to the Court's interrogatories asserting that Defendant failed to pay her a total of $5,558.40 in overtime wages during the relevant period. Doc. 17-1 at 2. Thus, Plaintiff asserted that she was entitled to recover that amount plus an equal amount in liquidated damages — i.e., a total of $11,116.80 — for her claim for unpaid overtime wages. Id.
The parties settled the case, Doc. 21, and filed a joint motion to approve their settlement agreement, which they attached to the motion. Docs. 26 (the Motion); 26-1 (the Agreement). Under the Agreement, Plaintiff will receive a total of $900.00 in unpaid overtime wages and $1,000.00 in attorney fees and costs in exchange for releasing the sole claim asserted in this case and all other FLSA claims she may have against Defendant. Doc. 26-1 at 2-3. The parties argue that the Agreement represents a fair and reasonable resolution of Plaintiff's FLSA claim and request that the Court grant the Motion and dismiss the case with prejudice. Doc. 26 at 2.
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).
In addition to the foregoing factors, the Court 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).
Plaintiff claims that she was not paid for all overtime hours she worked. Docs. 1 at 3-4; 17-1 at 2. Defendant denies this claim. Doc. 10. Thus, this case involves a disputed issue of liability under the FLSA, creating a bona fide dispute over the FLSA's provisions.
The parties have been represented by counsel throughout this case, have reviewed the available time and pay records, and have engaged in settlement discussions. Doc. 26 at ¶¶ 3-4. Plaintiff agreed to compromise her claim (and the parties agreed to settle the case) to avoid "the expense, time, trouble, and uncertainty of further investigation and/or litigation." Doc. 26-1 at 1. As part of her compromise, Plaintiff agreed to forego her claim for liquidated damages, acknowledging that Defendant's alleged failure to pay overtime wages was a good faith mistake and not the result of a willful or knowing violation of the FLSA. Id. In light of the foregoing, Plaintiff agreed to receive a total of $900.00 in unpaid wages in exchange for releasing the sole claim asserted in this case and all other FLSA claims she may have against Defendant. Id. at 2-3. The undersigned finds that this is a fair and reasonable compromise based on the time, expense, and risks of continued litigation.
Plaintiff has agreed to release the sole claim asserted in this case and all other FLSA claims she may have against Defendant, nothing more. Doc. 26-1 at 2. The limited scope of the release allays any concern that Plaintiff may be giving up an unknown, but valuable, claim that is wholly unrelated to the wage claim at issue in this case. See, e.g., Moreno v. Regions Bank, 729 F.Supp.2d 1346 (M.D. Fla. 2010); see also Bright v. Mental Health Res. Ctr., Inc., Case No. 3:10-cv-427-J-37TEM, 2012 WL 868804 (M.D. Fla. Mar. 14, 2012). Further, the Agreement does not contain any other provisions that are often found to undermine the fairness and reasonableness of an FLSA settlement — e.g., confidentiality and non-disparagement provisions. See Doc. 26-1. Thus, the undersigned
Plaintiff's counsel will receive a total of $1,000.00 in attorney fees and costs for representing Plaintiff in this case. Doc. 26-1 at 3. The parties state that the attorney fees and costs were "negotiated separately from the sum recovered by Plaintiff." Doc. 26 at 2. The settlement is reasonable to the extent previously discussed, and the parties' foregoing statement 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. Therefore, the undersigned
Accordingly, it is respectfully
A party has fou rteen 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.