Lindo v. AVR Realty Company, LLC

Background

Rolando Lindo sued AVR Realty Company, LLC; AVR-HH, LLC; Allan V. Rose; John Does 1–50; and Business Entities A–J. He brought the action for himself and others similarly situated, seeking unpaid wages and liquidated damages under the Fair Labor Standards Act (FLSA) and the New York Labor Law, as well as damages under New York City spread-of-hours regulations. The defendants denied the allegations.

The parties consented to the jurisdiction of the United States Magistrate Judge. Plaintiff submitted a settlement agreement, supporting letters and declarations, attorney time records, and a retainer agreement. After a June 12, 2020 conference, the court ordered the parties to revise the agreement’s non-disparagement clause. Plaintiff then submitted a revised settlement agreement.

Court’s Analysis

The court applied the standard that an FLSA settlement must be a fair and reasonable compromise of disputed issues rather than an employer’s improper waiver of statutory rights. The court considered the revised agreement, the supporting submissions, and the documentation concerning attorney fees and costs. It found that the settlement resulted from arm’s-length negotiations between able counsel and that its terms, including approval of plaintiff’s counsel’s fees, fairly and reasonably resolved the case.

Disposition

The court approved the settlement and dismissed the action with prejudice. The Clerk was respectfully requested to close the case.