Ray v. United States Postal Service
- Laura Swain
- 1:19-cv-06546
- U.S. District Court · Southern District of New York
- 2
In Ray v. United States Postal Service, Judge Swain directed the parties to submit evidence supporting their proposed FLSA settlement.
The parties to the FLSA case—Michael Ray and the United States Postal Service—and the court’s review of their proposed settlement.
What happened
Ray v. United States Postal Service is a Fair Labor Standards Act case in which the Postal Service reported that the parties had reached a settlement agreement in principle.
The court directed the parties to submit their proposed settlement agreement, a supporting declaration, and any other necessary evidence by April 1, 2022. The materials must address whether the settlement is fair and reasonable, including the parties’ potential recovery, litigation burdens and risks, bargaining process, and possible fraud or collusion.
The order also required the parties to address factors weighing against approval, such as similarly situated employees and the need for a developed record. Judge Laura Taylor Swain did not decide the settlement’s fairness in this order.
The detailed version
- Ray v. United States Postal Service · No. 1:19-cv-06546
- Laura Swain
- Mar. 2, 2022
Background
The court received a letter from the United States Postal Service stating that the parties in this Fair Labor Standards Act (FLSA) case had reached a settlement agreement in principle.
Court’s Order
The court directed the parties to submit their proposed settlement agreement by April 1, 2022, along with a declaration and any other evidence needed for the court to determine whether the agreement is fair and reasonable. The court cited the required review under Cheeks v. Freeport Pancake House Inc.
The submission must address the factors identified in Wolinsky v. Scholastic Inc., including: (1) the plaintiff’s possible recovery; (2) the extent to which the settlement would avoid expected burdens and expenses in proving the claims and defenses; (3) the seriousness of the litigation risks; (4) whether the agreement resulted from arm’s-length bargaining between experienced counsel; and (5) the possibility of fraud or collusion.
The parties must also address factors weighing against settlement approval, including whether other similarly situated employees exist, whether the plaintiff’s circumstances are likely to recur, any history of FLSA noncompliance by the same employer or others in the same industry or region, and whether a more developed record or decision on an important factual or legal issue would better serve the development of the law.
Disposition
The order directed the parties to make the specified submission. It did not determine whether the settlement was fair and reasonable. The order was signed by Chief United States District Judge Laura Taylor Swain on March 2, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.