Eng v. China Ting Apparel, LLC

Background

Jenny Eng brought claims under the Fair Labor Standards Act, New York Labor Law, Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law. The parties consented to the court’s authority to decide the matter and, after reaching an agreement in principle, submitted a proposed settlement for approval.

Because the case included claims under the Fair Labor Standards Act, the court reviewed the settlement for fairness. The parties also submitted a letter explaining why they believed the agreement was fair, reasonable, and adequate. The court considered those submissions, the settlement’s terms, the circumstances of the case, and the fact that the agreement was reached through arm’s-length mediation using the court’s mediation program.

Rulings

The court found that the proposed settlement was fair, reasonable, and adequate both to address Eng’s claims and to compensate her counsel for legal fees. The court therefore approved the agreement.

The order did not include or incorporate the settlement’s terms. It also did not state that the court would retain authority to enforce the settlement, and the court made no independent decision to retain that authority.

The court ordered that the action be discontinued with prejudice and without costs. It allowed Eng, within 30 days of the order, to apply by letter to restore the action to the active calendar if any part of the written settlement documentation was not completed. Judge Katharine H. Parker also directed the clerk to close the case.