Salas v. Leo's Bagels Hanover Square LLC
- Ona Wang
- 1:21-cv-01728
- U.S. District Court · Southern District of New York
- 2
In Salas v. Leo’s Bagels, Judge Wang required more information before reviewing the parties’ proposed wage settlement.
The parties to Carlos Salas’s wage-and-hour action, particularly the parties responsible for submitting the revised settlement materials and retainer agreements.
What happened
Carlos Salas sued Leo’s Bagels Hanover Square LLC and others under the Fair Labor Standards Act and New York Labor Law, alleging unpaid minimum and overtime wages and missing wage statements and notices.
The parties submitted a proposed settlement for court approval. Before evaluating whether the settlement was fair, the court required an updated signed agreement and Salas’s retainer agreements.
Judge Wang ordered the parties to correct the agreement’s amounts, remove its confidentiality provision, explain payments to CSM Legal, P.C. or direct those payments there, and provide the retainer agreements. The order did not approve or reject the settlement.
The detailed version
- Salas v. Leo's Bagels Hanover Square LLC · No. 1:21-cv-01728
- Ona Wang
- June 1, 2022
Background
Carlos Salas brought claims under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). He alleged that the defendants, who employed him at their bagel restaurant, failed to pay minimum and overtime wages and failed to provide wage statements and notices.
The parties submitted a proposed FLSA settlement agreement for court approval. The opinion states that review was required under Cheeks v. Freeport Pancake House, Inc. The settlement motion was referred to Judge Ona T. Wang for a report and recommendation.
Court’s Order
The court did not decide whether the proposed settlement was fair and did not approve or reject it. Instead, it required supplemental information so that it could properly evaluate the settlement:
- An updated signed settlement agreement consistent with the amounts stated in the parties’ settlement motion. - Removal of the confidentiality provision. - An explanation of how funds would be paid to CSM Legal, P.C., or an updated agreement directing payment to CSM Legal, P.C. directly. - Copies of Salas’s retainer agreements.
The footnote explains that the proposed agreement directed money to Michael Faillace & Associates, P.C., even though Michael Faillace was no longer practicing as of November 5, 2021. The order was signed by Ona T. Wang, United States Magistrate Judge, and dated June 1, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.