PEREZ
v.
BEYEL BROTHERS CRANE AND RIGGING OF SOUTH FLORIDA
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In a Fair Labor Standards Act wage dispute, the District Court conditional approval of a settlement between Perez and Beyel Brothers Crane and Rigging, requiring the parties to file a motion for settlement approval under the Lynn's Food Stores standard with detailed information about the settlement terms.
The court conditionally approved the settlement subject to the parties filing a motion for settlement approval that complies with Lynn's Food Stores standards, requiring disclosure of claimed wages, the extent of compromise, attorney's fees negotiations, and justification for any additional provisions such as releases or confidentiality clauses.
[1] A settlement in a Fair Labor Standards Act case requires court approval.
[2] Parties seeking approval of an FLSA settlement must file a motion supported by a fully executed settlement agreement.
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Join FLexlaw to unlock all legal intelligence“on or before January 28, 2025, the parties shall file a motion for settlement approval under Lynn's Food Stores, Inc. v. United States, 679 F. 2d 1350 (11th Cir. 1982)”
Establishes the required standard and deadline for settlement approval in FLSA cases
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Join FLexlaw to unlock all legal intelligencePerez filed a wage and hour action under the FLSA against Beyel Brothers Crane and Rigging of South Florida. The parties negotiated and reached a sett…
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Case No: 6:24-cv-1519-LHP
ORDER¹
This matter comes before the Court on a Joint Notice of Settlement, indicating that the parties have settled the case. Doc. No. 32. Based thereon, and given that this case arises under the Fair Labor Standards Act (“FLSA”), it is ORDERED that, on or before January 28, 2025, the parties shall file a motion for settlement approval under Lynn's Food Stores, Inc. v. United States, 679 F. 2d 1350 (11th Cir. 1982). The motion must be supported by a copy of a fully executed settlement agreement. In the motion, the parties shall explain the amount of wages Plaintiff claimed to be owed, whether and to what extent Plaintiff compromised his claims, whether the
amount of attorney's fees and costs was agreed upon separately and without regard to the amount Plaintiff agreed to accept, and, if not, evidence that the attorney's fees and costs to be paid under the settlement are reasonable. In addition, if the parties have agreed to any additional terms such as a broad or general release, or confidentiality, nondisparagement, or no re-employment provisions, counsel must explain why such provisions do not impact the reasonableness and fairness of the settlement amount.
DONE and ORDERED in Orlando, Florida on January 14, 2025.
Copies furnished to: Counsel of Record Unrepresented Parties
Uslis Heran Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
[*2][fn 1]: The parties have consented to the jurisdiction of a United States Magistrate Judge. Doc. Nos. 23, 25-26.
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