Kirton v. Concepts of Independence, Inc.
- Vernon Broderick
- 1:22-cv-08552
- U.S. District Court · Southern District of New York
- 6
In Kirton v. Concepts of Independence, Judge Broderick approved the parties’ $7,500 Fair Labor Standards Act settlement and closed the case.
Judy Kirton and Concepts of Independence, Inc.; the approval also determines the attorney’s fees paid under their settlement.
What happened
In Kirton v. Concepts of Independence, Inc., the parties told the Southern District of New York that they had settled Judy Kirton’s Fair Labor Standards Act wage case.
The agreement provided Kirton $7,500, including attorney’s fees and expenses. The court noted that Kirton claimed $2,529.55 in unpaid overtime wages and the same amount in additional damages, while the parties identified disputes and risks that could affect recovery.
Judge Vernon S. Broderick found the settlement fair and reasonable, including its $2,500 attorney’s-fee provision and limited release of Fair Labor Standards Act and New York Labor Law claims. He approved the agreement, directed the clerk to terminate the pending motion, and closed the case.
The detailed version
- Kirton v. Concepts of Independence, Inc. · No. 1:22-cv-08552
- Vernon Broderick
- Oct. 26, 2023
Background
Judy Kirton brought a wage-and-hour case against Concepts of Independence, Inc. under the Fair Labor Standards Act (FLSA). The parties informed the court that they had reached a settlement and asked the court to approve it. Because the Department of Labor had not approved the settlement, the court independently had to determine whether the agreement was fair and reasonable.
Settlement Amount
The agreement provided for Kirton to receive $7,500, inclusive of attorney’s fees and expenses. Her counsel represented that Kirton believed she was owed $2,529.55 in unpaid FLSA overtime wages and $2,529.55 in FLSA liquidated damages. The court considered the parties’ identified disputes, including whether Kirton was entitled to liquidated damages and whether she had worked the hours claimed. The court also considered the risks and costs of continued litigation, the defendant’s limited resources, the early stage of the case, and the parties’ apparently arm’s-length negotiations. It found no basis to believe that fraud or collusion was involved.
Other Settlement Terms
The court reviewed the settlement’s other provisions and found no reason to reject them. The release was limited to FLSA and New York Labor Law claims between 2016 and June 23, 2023. The agreement contained no non-disparagement or confidentiality provisions.
Attorney’s Fees
The settlement allocated $2,500 to attorney’s fees, approximately one-third of the total settlement. Counsel submitted records showing 78.51 hours of work, including investigating and researching the claims, preparing damages calculations, and negotiating and completing the settlement. The hourly rates were $300 for David D. Barnhorn, $250 for Matthew J. Farnworth, and $100 for the firm’s paralegal, Angelica Villalba. The court found those rates consistent with rates approved in the Southern District of New York and concluded that the fee was fair and reasonable.
Ruling
The court approved the parties’ settlement agreement. Judge Vernon S. Broderick directed the clerk to terminate the motion at docket entry 30 and close the case.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.