Opinion
Case No. 6:04-cv-1648-Orl-KRS.
April 4, 2006
ORDER
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: UNOPPOSED MOTION FOR DETERMINATION AS TO THE FAIRNESS OF THE STIPULATION (Doc. No. 71)
FILED: March 31, 2006 THEREON it is ORDERED that the motion is GRANTED.
These consolidated cases were brought pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. The parties have reached a Joint Stipulation (doc. no. 64) and seek Court approval of this agreement. In Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1352-55 (11th Cir. 1982), the Eleventh Circuit explained that claims for back wages under the FLSA may only be settled or compromised when the Department of Labor supervises the payment of back wages, or when the district court enters a stipulated judgment "after scrutinizing the settlement for fairness." Id. at 1353.
The Plaintiffs stipulate "that as a result of this settlement, Plaintiffs will receive 100% of their claim." Doc. No. 71, at 2. Hence, the Court concludes that the Joint Stipulation is a fair and reasonable resolution of a bona fide dispute over the FLSA.
This stipulation does not cover the plaintiffs' claims for liquidated damages, attorney's fees, and costs. Doc. No. 71, at 3.
The Court will address the issues of liquidated damages, attorneys' fees, and costs in separate orders.
DONE and ORDERED.