Bodziony v. Wolfgang's Steakhouse Inc.

Background

The parties reported that they had reached a settlement in principle. The case was brought under the Fair Labor Standards Act, a federal law governing wages and working conditions.

Court’s analysis and order

Under Second Circuit law, the court must review an Fair Labor Standards Act settlement—including any proposed award of attorneys’ fees—to determine whether it is fair. The court ordered the parties to submit a joint letter by May 25, 2022, explaining the basis for the proposed settlement and why it should be approved as fair and reasonable. The parties were directed to discuss the fairness factors identified in Wolinsky v. Scholastic, Inc.

The letter must address any confidentiality provisions, non-disparagement provisions, and releases in the proposed settlement agreement. If the settlement includes an attorneys’ fee award, the parties must also address that award and provide supporting documentation when appropriate. The court stated that merely identifying the requested fee as a proportion of the total settlement is insufficient. Fee requests should normally include contemporaneous time records identifying, for each attorney, the date, hours worked, and nature of the work. Insufficient documentation could result in rejection of the proposed fee award.

The court directed the parties to appear by telephone for a settlement-approval hearing on May 31, 2022, at 3:00 p.m. Plaintiffs were directed to appear and, if necessary, to use an interpreter. The order also states that any pending motions were dismissed as moot and that all other conferences and deadlines were canceled.

Disposition

Judge Lewis J. Liman did not approve or reject the settlement in this order. Instead, he ordered additional submissions and scheduled a settlement-approval hearing. Any pending motions were dismissed as moot.