Opinion
22 CV 2333 (VB)
07-26-2022
BENJAMIN BARRETO, Plaintiff, v. R&F SURPLUS & SALVAGE; RONALD GARAN, Individually and as Officer of R&F Surplus & Salvage; and YISELA GARAN, Individually and as Officer of R&F Surplus & Salvage, Defendants.
ORDER
Vincent L. Briccetti, United States District Judge
On July 26, 2022, plaintiff Benjamin Barreto in this Fair Labor Standards Act (“FLSA”) case filed a settlement agreement (Doc. #18) and a statement explaining the basis for the agreement as required by Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).
In reviewing the proposed settlement agreement, the Court has considered the following factors:
(i) plaintiff's position that his range of possible recovery would be anywhere from $0 to $49,650;
(ii) the existence of a bona fide dispute regarding plaintiff's employment by defendants and the number of hours worked;
(iii) plaintiff is represented by counsel;
(iv) plaintiff no longer works for defendants;
(v) the release is limited to FLSA, New York Labor Law, and wage-and-hour claims, except for workers' compensation claims, accrued prior to executing the settlement agreement;
(vi) the parties desire to resolve this action early and avoid the costs and uncertainty associated with drawn-out litigation; and
(vii) the absence of a confidentiality or nondisparagement clause in the settlement agreement.
Based on the foregoing, the Court finds the settlement agreement is fair and reasonable, and the product of arm's-length negotiation, not fraud or collusion.
Additionally, the Court finds the attorneys' fees, which are one-third of plaintiff's net recovery, in addition to reimbursement of costs, to be fair and reasonable under the circumstances.
CONCLUSION
Accordingly, the parties' settlement agreement (Doc. #18) is APPROVED.
The Order of Dismissal with Prejudice closing this case shall be separately docketed.
SO ORDERED.