Bertrand v. Department of Education, Archdiocese of New York

Background

Troy D. Bertrand brought this case under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. The opinion states that the parties had reached a settlement in principle. It does not provide the settlement amount or other substantive terms.

Court’s required settlement review

Under Second Circuit law, the court must scrutinize an FLSA settlement, including any proposed award of attorney’s fees, to determine whether it is fair. The court ordered the parties to submit a joint letter by October 27, 2023, explaining the basis for the proposed settlement and why it should be approved as fair and reasonable. The letter had to address confidentiality provisions, non-disparagement provisions, and releases in the proposed agreement.

If the settlement included an attorney’s-fee award, the parties also had to address that award and provide supporting documentation when appropriate. The court stated that merely identifying the fee’s proportion of the total settlement amount was insufficient. It required adequate documentation of fees and costs, normally including time records showing, for each attorney, the date, hours worked, and nature of the work. The court warned that insufficient documentation could lead it to reject the proposed fee award.

Disposition

The court directed the parties to appear by telephone for a settlement-approval hearing on November 3, 2023, at 4:00 p.m. The plaintiff was requested to attend and, if necessary, use an interpreter. The Clerk of Court was directed to stay the case. The order did not decide the merits of Bertrand’s claims and did not approve or reject the proposed settlement.