Salazar v. Uncurtain Inc.
- Laura Swain
- 1:20-cv-05716
- U.S. District Court · Southern District of New York
- 2
In Salazar v. Uncurtain, Judge Swain approved the parties’ Fair Labor Standards Act settlement after finding it fair and reasonable.
Edwin Salazar and the defendants in the case, including Uncurtain Inc., whose proposed settlement was approved.
What happened
In Salazar v. Uncurtain Inc., Edwin Salazar and the defendants asked the court to approve their proposed settlement of claims under the Fair Labor Standards Act, a federal wage law.
The court reviewed the settlement under the requirement that such agreements be fair and reasonable. It considered the settlement submission, the parties’ agreement, and the declaration from Salazar’s counsel. The opinion does not state the settlement amount or the specific claims’ alleged value.
Judge Laura Taylor Swain found the settlement, including its payment of attorneys’ fees and expenses, fair and reasonable and approved it. The parties were directed to promptly submit a formal agreement dismissing the case.
The detailed version
- Salazar v. Uncurtain Inc. · No. 1:20-cv-05716
- Laura Swain
- Jan. 11, 2021
Background
Edwin Salazar and the defendants submitted a proposed settlement agreement for approval in this Fair Labor Standards Act (FLSA) case. The submission included a declaration from Salazar’s counsel, Abdul Karim Hassan, and executed settlement agreements and releases.
Legal standard
The court explained that before entering judgment on an FLSA settlement, it must examine the agreement to determine whether it is fair and reasonable. The court considers the total circumstances, including the plaintiff’s possible recovery, the burdens and expenses the settlement avoids, the litigation risks, whether experienced counsel negotiated at arm’s length, and the possibility of fraud or collusion. The court also noted that FLSA claims generally cannot be privately settled without approval from a district court or the Department of Labor.
Ruling
The court found that the proposed settlement, including the award for attorneys’ fees and expenses, was fair and reasonable and satisfied the requirements described in the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc. Judge Laura Taylor Swain approved the proposed settlement and directed the parties to promptly submit their stipulation of dismissal. The opinion does not state the settlement amount or provide the agreement’s specific terms.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.