Almonte v. JAM Maintenance LLC
- Barbara Moses
- 1:22-cv-01820
- U.S. District Court · Southern District of New York
- 2
In Almonte v. JAM Maintenance LLC, Judge Moses vacated deadlines and required a public, fairness-supported FLSA settlement submission after the parties settled.
The plaintiffs, defendants, and their counsel are affected because they must submit settlement materials and supporting fee information by December 20, 2024, subject to the court's fairness review.
What happened
In Almonte v. JAM Maintenance LLC, the parties settled their dispute, including claims under the Fair Labor Standards Act. They had also agreed that Judge Barbara Moses would handle the remaining proceedings.
The court vacated all previously set deadlines and ordered the parties to submit a joint explanation supporting the settlement, the signed written agreement, and fee and expense records if needed. The submission was due by December 20, 2024, and the agreement would be placed on the public court docket.
Judge Moses cautioned that confidentiality terms, certain non-disparagement clauses, and one-way or overly broad releases may prevent approval of a wage-and-hour settlement. She also said any requested attorney-fee award must be included in the agreement and supported with records and an explanation.
The detailed version
- Almonte v. JAM Maintenance LLC · No. 1:22-cv-01820
- Barbara Moses
- Dec. 10, 2024
Background
The parties reported that they had settled the dispute, including claims under the Fair Labor Standards Act (FLSA). They later consented to Judge Barbara Moses's authority over all remaining proceedings under 28 U.S.C. § 636(c).
Orders concerning the settlement
The court vacated all deadlines previously set in the case. It ordered the parties to submit, by December 20, 2024:
- A joint letter explaining why the settlement is fair and reasonable under the factors used by courts in this district. - A written settlement agreement signed by all parties. The agreement would be placed on the public docket. - Any contingency-fee agreement and counsel's time and expense records needed to support a request for attorney's fees and costs.
Court's cautions
The court cautioned that confidentiality provisions are rarely appropriate in resolving wage-and-hour lawsuits because of the policy concerns underlying the FLSA. It also cautioned that a non-disparagement provision may be unacceptable if it prevents a plaintiff from making truthful statements about the employment, the lawsuit, or the settlement.
The court further cautioned that courts in the district ordinarily refuse to approve FLSA settlements containing one-way or overly broad general releases. Any proposed award of attorney's fees and costs must be stated in the written settlement agreement, personally signed by the parties, and supported by properly authenticated fee and expense records. The parties must also provide a detailed explanation for the requested award, with the degree of success identified as the most important factor in assessing whether the award is reasonable.
Disposition
The court vacated the existing deadlines and ordered the settlement materials described above. This order does not state that the settlement was approved.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.