Morse v. Warren & Panzer Engineers, P.C.

Background

James Morse sued Warren & Panzer Engineers and other defendants for damages under the Fair Labor Standards Act (FLSA), a federal law governing certain wage and hour requirements, and the New York Labor Law. The parties jointly asked the court to approve their settlement agreement. They submitted a fully signed agreement on December 14, 2022.

Settlement review

The court explained that it had to determine whether the FLSA settlement was fair and reasonable and resulted from arm’s-length negotiations rather than employer overreaching. The court reviewed the agreement and the parties’ letter, considering the prior proceedings, the risks, burdens, and costs of continuing the case, the possible recovery, whether the agreement resulted from negotiations between experienced counsel or the parties, attorney fees, and the possibility of fraud or collusion.

The court noted that the agreement contained no confidentiality restrictions, that its non-disparagement provision was mutual and included appropriate exceptions, that its release was narrowly limited to wage and hour claims, and that the attorney fees fell within a fair and reasonable range.

Ruling

The court found the settlement fair and reasonable and approved it. Because the case was resolved by settlement, the court dismissed and discontinued it in its entirety, with prejudice, without costs or fees to any party except as provided in the settlement agreement. The Clerk of Court was directed to terminate all motions and deadlines and close the case.

Judge Robert W. Lehrburger issued the order.