Vilca v. BTB Events & Celebrations, Inc.
- Vyskocil
- 1:19-cv-06577
- U.S. District Court · Southern District of New York
- 2
In Vilca v. BTB Events, Judge Vyskocil scheduled a hearing to assess the fairness of the parties’ proposed Fair Labor Standards Act settlement.
The parties to the proposed settlement, including Plaintiff Nildo Vilca, who was required to attend the fairness hearing personally and provide an interpreter if he did not speak English.
What happened
In Vilca v. BTB Events & Celebrations, Inc., the parties told the court they had reached an agreement resolving the case. They later submitted a signed settlement agreement and a request for court approval.
Because Nildo Vilca’s claims arose under the Fair Labor Standards Act, the court said approval was required before the settlement could take effect. The court therefore scheduled a hearing to examine whether the settlement was fair.
The court ordered the parties, including Vilca personally, to attend a telephone fairness hearing on February 15, 2022. Judge Mary Kay Vyskocil also ordered Vilca to provide his own interpreter if he did not speak English, and postponed the other filing and appearance deadlines without setting new dates.
The detailed version
- Vilca v. BTB Events & Celebrations, Inc. · No. 1:19-cv-06577
- Vyskocil
- Jan. 11, 2022
Background
The parties advised the court on September 10, 2021, that they had reached an agreement resolving the case. On September 26, 2021, the court directed them to submit an executed settlement agreement and an application for approval. They submitted those materials on December 29, 2021.
Legal standard
The complaint asserted claims under the Fair Labor Standards Act, a federal law governing wages and working conditions. The court explained that such settlements require approval by either the district court or the U.S. Department of Labor. The court must review a proposed settlement for fairness before approving it.
Order
The court did not approve or reject the settlement in this order. Instead, it ordered the parties, including Plaintiff Nildo Vilca personally, to appear by telephone for a fairness hearing on February 15, 2022, at 11:30 a.m. If Vilca did not speak English, he was required to provide his own interpreter. The court adjourned all other filing deadlines and appearance dates without setting new dates.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.