In evaluating whether a settlement is “fair and reasonable” under the FLSA, courts in the Third Circuit have considered the nine factors outlined by the Third Circuit Court of Appeals in Girsh v. Jepson, 521 F.2d 153, 157 (3d Cir. 1975). Waltz v. Aveda Transportation & Energy Servs. Inc., No. 4:16-CV-00469, 2017 WL 2907217, at *3 (M.D. Pa. July 7, 2017); Brumley, 2012 WL 1019337, at *4 (noting courts' use of Girsh factors in FLSA context in the absence of clear Third Circuit standards
See, e.g., Solkoff v. Pa. State Univ., 435 F.Supp.3d 646, 652 (E.D. Pa. 2020) (citing Howard v. Phila. Hous. Auth., 197 F.Supp.3d 773, 776 (E.D. Pa. 2016)); Kraus v. PA Fit II, LLC, 155 F.Supp.3d 516, 522 (E.D. Pa. 2016) (citing Adams v. Bayview Asset Mgmt., LLC, 11 F.Supp.3d 474, 476 (E.D. Pa. 2014)); Potoski v. Wyoming Valley Health Care Sys., No. 3:11-CV-582, 2020 WL 207061, at *2 (M.D. Pa. Jan. 14, 2020) (citing Bettger v. Crossmark, Inc., No. 1:13-CV-2030, 2015 WL 279754, at *3 (M.D. Pa. Jan. 22, 2015)); Waltz v. Aveda Transp. & Energy Servs. Inc., No. 4:16-CV-469, 2017 WL 2907217, at *2 n.13 (M.D. Pa. July 7, 2017) (collecting cases); Green v. Ventnor Beauty Supply, Inc., No. 1:18-CV-15673, 2019 WL 2099821, at *1 (D.N.J. May 14, 2019) (same).
See, e.g., Solkoff, 2020 WL 374582, at *2; Kraus, 155 F. Supp. 3d at 522; Potoski, 2020 WL 207061, at *2; Waltz, 2017 WL 2907217, at *2; Bettger, 2015 WL 279754, at *4; Brumley, 2012 WL 1019337, at *4. See, e.g., Solkoff v. Pa. State Univ., No. 18-683, ___ F. Supp. 3d ___, 2020 WL 374582, at *2 (E.D. Pa. Jan. 23, 2020) (citing Howard v. Phila. Hous. Auth., 197 F. Supp. 3d 773, 776 (E.D. Pa. 2016)); Kraus v. PA Fit II, LLC, 155 F. Supp. 3d 516, 522 (E.D. Pa. 2016) (citing Adams v. Bayview Asset Mgmt., LLC, 11 F. Supp. 3d 474, 476 (E.D. Pa. 2014)); Potoski v. Wyoming Valley Health Care Sys., No. 3:11-CV-582, 2020 WL 207061, at *2 (M.D. Pa. Jan. 14, 2020) (citing Bettger v. Crossmark, Inc., No. 1:13-CV-2030, 2015 WL 279754, at *3 (M.D. Pa. Jan. 22, 2015)); Waltz v. Aveda Transp. & Energy Servs. Inc., No. 4:16-CV-469, 2017 WL 2907217, at *2 n.13 (M.D. Pa. July 7, 2017) (collecting cases); Green v. Ventnor Beauty Supply, Inc., No. 1:18-CV-15673, 2019 WL 2099821, at *1 (D.N.J. May 14, 2019) (citing Chillogallo v. John Doe LLC #1, No. 15-537, 2018 WL 4735737, at *1 (D.N.J. Oct. 1, 2018); Bettger, 2015 WL 279754, at *3; Brumley v. Camin Cargo Control, Inc., No. 08-1798, 2012 WL 1019337, at *1 (D.N.J. Mar. 26, 2012)). --------
There is a strong presumption against confidentiality clauses in FLSA wage-settlement agreements. Waltz v. Aveda Transp. & Energy Servs. Inc., No. 4:16-CV-469, 2017 WL 2907217, at *3 (M.D. Pa. July 7, 2017); Brumley v. Camin Cargo Control, Inc., No. 08-1798, 2012 WL 300583, at *3 (D.N.J. Feb 1, 2012) (collecting cases). Compelled silence frustrates implementation of the rights granted by the FLSA and restricts the public's access to and knowledge of the disputed FLSA violation. See, e.g., McGee, 2014 WL 2514582, at *3; Brown, 2013 WL 5408575, at *3; Altenbach, 2013 WL 74251, at *2-3.
In evaluating whether a settlement is "fair and reasonable" under the FLSA, courts in the Third Circuit have considered the nine factors outlined by the Third Circuit Court of Appeals in Girsh v. Jepson, 521 F.2d 153, 157 (3d Cir. 1975). Waltz v. Aveda Transportation & Energy Servs. Inc., No. 4:16-cv-00469, 2017 WL 2907217, at *3 (M.D. Pa. July 7, 2017); Brumley, 2012 WL 1019337, at *4 (noting courts' use of Girsh factors in FLSA context in the absence of clear Third Circuit standards). Lastly, the Court must consider whether the settlement furthers or frustrates the implementation of the FLSA in the workplace.
See Mabry v. Hildebrandt, No. 14-5525, 2015 WL 5025810, at *2 (E.D. Pa. Aug. 24, 2015); McGee v. Ann's Choice, Inc., No. 12-cv-2664, 2014 WL 2514582, at *2 (E.D. Pa. June 4, 2014). In evaluating whether a settlement is "fair and reasonable" under the FLSA, courts in the Third Circuit have considered the Girsh factors as they do in the state law class context. Waltz v. Aveda Transportation & Energy Servs. Inc., No. 4:16-cv-00469, 2017 WL 2907217, at *3 (M.D. Pa. July 7, 2017); Brumley v. Camin Cargo Control, Inc., No. 08-1798, 2012 WL 1019337, at *4 (D.N.J. Mar. 26, 2012) (noting courts' use of Girsh factors in FLSA context in the absence of clear Third Circuit standards). Here, as discussed above, the Girsh factors favor approval of the proposed Settlement Agreement.
See Mabry v. Hildebrandt, No. 14-5525, 2015 WL 5025810, at *2 (E.D. Pa. Aug. 24, 2015); McGee v. Ann's Choice, Inc., No. 12-cv-2664, 2014 WL 2514582, at *2 (E.D. Pa. June 4, 2014). As mentioned above, courts in the Third Circuit have considered the Girsh factors in evaluating whether a settlement is "fair and reasonable" under the FLSA, as they do in the state law class context. Waltz v. Aveda Transportation & Energy Servs. Inc., No. 4:16-cv-00469, 2017 WL 2907217, at *3 (M.D. Pa. July 7, 2017); Brumley v. Camin Cargo Control, Inc., No. 08-1798, 2012 WL 1019337, at *4 (D.N.J. Mar. 26, 2012) (noting courts' use of Girsh factors in FLSA context in absence of clear Third Circuit standards). Here, as discussed below, the Girsh factors favor approval of the proposed Settlement Agreement.