Manjarrez v. Bayard's Ale House
- Ona Wang
- 1:21-cv-01968
- U.S. District Court · Southern District of New York
- 2
In Manjarrez v. Bayard’s Ale House, Judge Wang could not recommend the proposed settlement and ordered the parties to submit corrected papers.
Francisco Manjarrez and the defendants, because the proposed settlement could not be recommended for approval until the parties supplied the missing information and support.
What happened
In Manjarrez v. Bayard’s Ale House, Francisco Manjarrez sued Bayard’s Ale House and others over alleged unpaid wages, overtime, and related employment-law violations. The claims arose under federal, New York, and New York City laws.
The parties reported that they had reached a settlement. The court required information to evaluate whether the settlement was fair, but the submission did not include calculations of the maximum possible recovery, including additional damages, or support for the requested attorney fees and costs.
The court could not recommend the settlement at that time. The parties were ordered to submit an amended proposed settlement agreement addressing those problems by July 15, 2022. Judge Ona T. Wang issued the order.
The detailed version
- Manjarrez v. Bayard's Ale House · No. 1:21-cv-01968
- Ona Wang
- June 27, 2022
Background
Francisco Manjarrez brought claims against Bayard’s Ale House and other defendants under the Fair Labor Standards Act, the New York Labor Law, and New York State and City human-rights laws. He alleged unpaid overtime, failures to provide required wage notices and wage statements, failure to pay spread-of-hours compensation, and failure to pay him for his final four days of employment.
The parties reported that they had reached a settlement. The court required the parties to submit papers for review under Cheeks v. Freeport Pancake House, Inc., which requires judicial review of certain wage-and-hour settlements. The settlement papers were referred to Magistrate Judge Ona T. Wang for a report and recommendation.
Court’s Action
Judge Wang stated that the submission was substantially incomplete and that she could not make a recommendation at that time. She identified two deficiencies: Plaintiff’s counsel had not provided a calculation of the maximum possible recovery under the Fair Labor Standards Act and New York Labor Law, including additional damages, and counsel had not provided support for the requested attorney fees and costs.
The parties were directed to submit an amended proposed settlement agreement correcting those deficiencies by July 15, 2022. The order did not approve or reject the proposed settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.