Juarez Leon v. Thai Villa

Background

Juvenal Juarez Leon sued Thai Villa (D/B/A Thai Villa), Norapol Youngphitak, and Jane Doe Youngphitak under the Fair Labor Standards Act, a federal law governing certain wage and hour requirements. The caption states that Leon brought the case individually and on behalf of others similarly situated. The parties informed the court that they had reached a settlement in principle.

Settlement Review

The court explained that, under Second Circuit law, it must review any settlement in a Fair Labor Standards Act case—including any proposed attorney’s fee award—to determine whether the settlement is fair. The court therefore ordered the parties to submit a joint letter by November 8, 2024, explaining the basis for the proposed settlement and why it should be approved as fair and reasonable. The letter must address the factors discussed in Wolinsky v. Scholastic, Inc., as well as any confidentiality provisions, non-disparagement provisions, or releases.

If the proposed settlement includes an attorney’s fee award, the parties must address that award and provide supporting documentation when appropriate. The court stated that merely identifying the fee as a proportion of the settlement amount is insufficient. It said the fee request should normally be supported by contemporaneous time records showing, for each attorney, the date, hours worked, and nature of the work. The court warned that inadequate documentation could result in rejection of the proposed fee award.

Order

The parties were directed to appear by telephone for a settlement fairness hearing on November 15, 2024, at 3:00 p.m. The court requested that Leon appear and, if necessary, appear with an interpreter. The order states that any pending motions were dismissed as moot and that all conferences and deadlines were canceled, including trial and pretrial deadlines. The opinion does not state that the court approved the settlement.