Vicinanza v. Horizon Window Treatments, Inc.

Background

Vincent Vicinanza and Luis Morales sued Horizon Window Treatments, Inc. and Eric Abikzer, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL), including claims for unpaid overtime wages. The parties informed the Court that they had settled the case and submitted a revised motion asking the Court to approve the settlement.

Settlement Terms

The proposed settlement requires the defendants to pay $25,000. Vicinanza will receive $5,000, and Morales will receive $20,000. An attorneys’ fee of $6,666.67 will be deducted from Morales’s award. No attorneys’ fees will be deducted from Vicinanza’s award.

Court’s Analysis

The Court reviewed the settlement for fairness and reasonableness under the FLSA and Second Circuit law. Morales claimed $97,893.75 in wages, while Vicinanza claimed $41,739.94. Both plaintiffs also sought liquidated damages and up to $10,000 for NYLL violations. The Court noted that these amounts were based on the plaintiffs’ recollections, while the defendants said they had records showing that the plaintiffs did not work more than 40 hours in any week. The plaintiffs also acknowledged credibility concerns that could weaken their testimony at trial.

The Court concluded that the risks and weaknesses in the plaintiffs’ claims supported the settlement amount. It found no indication of fraud or collusion and noted that the agreement was negotiated at arm’s length with assistance from Magistrate Judge Moses and the Southern District’s Mediation program.

The Court also found the requested attorneys’ fee reasonable. The $6,666.67 fee represented one-third of Morales’s $20,000 award, was consistent with his retainer agreement, and was less than one-third of the total $25,000 settlement.

Disposition

Judge Mary Kay Vyskocil approved the settlement and ordered that the case be dismissed with prejudice. The Clerk of Court was requested to close the case.