Rodriguez v. Victor's Wood Fired Pizza LLC d/b/a Mike & Joe's Wood Fired Pizza

Background

Nieves L. Rodriguez filed a proposed settlement agreement on June 30, 2023, in this Fair Labor Standards Act (FLSA) case. Rodriguez also filed a statement explaining the agreement’s basis, as required for the court’s review under the cited Second Circuit precedent.

Court’s Analysis

The court reviewed the settlement as a whole. It considered Rodriguez’s position that the agreement fairly reflected the potential recovery and the defendants’ position that Rodriguez had been properly paid and that they could disprove the estimates of hours worked each week. The court also considered that Rodriguez was represented by counsel experienced in FLSA and New York Labor Law matters, that a neutral mediator assisted with and encouraged the settlement, and that the parties wanted to resolve the case early because continued litigation could impose substantial burdens, expenses, and risks, including the possibility that Rodriguez would receive no recovery.

The court found that the release was not overbroad, that the agreement contained no confidentiality requirement or non-disparagement clause, and that the released claims were limited to FLSA and New York Labor Law claims. Based on those factors, the court found the agreement fair and reasonable and the product of arm’s-length negotiations, rather than fraud or collusion.

The court separately reviewed the billing records and related information submitted by Rodriguez’s counsel. It found reasonable attorneys’ fees equal to 33.33% of Rodriguez’s total recovery, along with reimbursement of costs.

Disposition

Judge Vincent L. Briccetti approved the parties’ settlement agreement. The opinion does not state the settlement’s total dollar amount or the amount of costs reimbursed.