Miro v. Rosehill Deli

Background

Jose Luis Miro brought claims under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). On October 20, 2021, the parties filed a settlement agreement and asked the court to approve it, as required for FLSA settlements under the court’s cited precedent.

Settlement Review

The court considered the parties’ views about the value of Miro’s claims, the risks and costs of continued litigation, and the fact that Miro was represented by counsel. The agreement did not include confidentiality or non-disparagement provisions. The defendants agreed to pay approximately 70 percent of Miro’s total recoverable FLSA damages, including unpaid wages and additional damages allowed under the statute. The court noted that a genuine dispute existed because defendants had identified Miro’s coworkers as witnesses who would dispute his allegations.

The court also considered the parties’ desire to resolve the case early and avoid the costs and uncertainty of extended litigation. It found that the release in paragraph 5 was limited to wage-and-hour claims that had accrued as of the agreement’s execution. Based on these factors, the court found the settlement fair and reasonable and the product of arm’s-length negotiation, without fraud or collusion. It separately found attorneys’ fees equal to one-third of the total recovery, plus costs, fair and reasonable under the circumstances.

Disposition

The court approved the parties’ settlement agreement and dismissed the case. It stated that it would separately sign and docket the stipulation of dismissal, and it directed the Clerk to close the case.