Melendez v. Cosan Construction Corp.
- Barbara Moses
- 1:21-cv-07426
- U.S. District Court · Southern District of New York
- 1
In Melendez v. Cosan Construction Corp., Judge Moses granted the parties’ motion and approved their revised FLSA settlement.
The settlement affected Hector Melendez, the other persons represented in the settlement, and the defendants, including Cosan Construction Corp.
What happened
Melendez v. Cosan Construction Corp. involved the parties’ request for approval of a revised settlement under the Fair Labor Standards Act. The parties said they had removed a clause that previously prevented approval.
The parties submitted a fully signed revised settlement agreement and asked the court to approve it. After reviewing the agreement’s financial and non-financial terms, the court found that they were fair and reasonable.
Judge Moses granted the joint letter-motion and approved the proposed settlement. She ordered the parties to file their dismissal agreement by August 7, 2023.
The detailed version
- Melendez v. Cosan Construction Corp. · No. 1:21-cv-07426
- Barbara Moses
- July 31, 2023
Background
Hector Melendez brought the case on behalf of himself and all others similarly situated against Cosan Construction Corp. and other defendants. The parties previously submitted an agreement to settle claims under the Fair Labor Standards Act, but the court did not approve it because it contained an impermissible clause restricting publicity.
Revised Settlement
In a joint letter dated July 28, 2023, the parties told the court that they had removed the no-publicity clause. They asked the court to approve their fully executed revised Settlement Agreement and Release under the standard described in Cheeks v. Freeport Pancake House. The court reviewed the revised agreement’s financial and non-financial terms.
Ruling
The court found that the revised agreement was fair and reasonable. It therefore granted the parties’ joint letter-motion and approved the proposed settlement. Under the revised agreement, the parties had to file their stipulation of dismissal no later than August 7, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.