Curry v. P&G Auditors and Consultants, LLC

Background

The opinion concerns two related wage-and-hour actions brought by Curry and other plaintiffs against P&G Auditors and Consultants, LLC and other defendants, including GRC Solutions, LLC and PGX, LLC. The claims arise under the Fair Labor Standards Act, a federal law governing matters such as minimum wages and overtime pay.

The parties consented to Magistrate Judge Sarah L. Cave’s jurisdiction to review their proposed settlement. They submitted a joint motion supporting the settlement and a proposed settlement agreement for approval under the Second Circuit’s requirements for reviewing Fair Labor Standards Act settlements.

Court’s Analysis

The court explained that when a proposed Fair Labor Standards Act settlement includes attorney fees and costs, the court must evaluate whether those fees and costs are reasonable. Costs generally must be reasonable out-of-pocket expenses incurred by attorneys and ordinarily charged to their clients. The party requesting fees and costs must provide adequate supporting documentation.

The proposed settlement allocated costs to the plaintiffs’ counsel, but the parties had not submitted documentation such as receipts or invoices supporting the requested amount. Without that documentation, the court stated that it could not complete its review of the proposed settlement.

Ruling

The court ordered the plaintiffs’ counsel to submit appropriate billing records and cost documentation corresponding to the requested attorney fees and costs by Tuesday, February 14, 2023. The opinion does not state that the court approved or denied the proposed settlement.