Chuqui v. Empire Wings Express Inc.

Background

This is a wage-and-hour case under the Fair Labor Standards Act (FLSA). The parties consented to Magistrate Judge Sarah L. Cave’s authority to review their proposed settlement. Luis Chuqui submitted a request for settlement approval, the proposed settlement agreement, a damages chart, his time records, and his invoices.

Under the review required by the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., the court examined whether it had the information needed to evaluate the proposed FLSA settlement.

Court’s Analysis

The court stated that Chuqui’s request and time records appeared to show that Spanish was his primary language. The settlement agreement, however, was written in English and did not represent that it had been translated into Spanish for Chuqui before he signed it. The court also stated that Chuqui had not provided copies of his retainer agreement or engagement letter with his lawyer.

Order

The court ordered Chuqui’s lawyer to provide, by Friday, July 25, 2025: (1) confirmation that the settlement agreement was translated into Spanish for Chuqui’s benefit before execution; and (2) copies of Chuqui’s retainer agreement or engagement letter with his counsel. The opinion does not state that the court approved or rejected the settlement. This was a procedural order concerning the court’s review of the proposed settlement, not a decision on the underlying wage claims.