Wolinsky v. Scholastic Inc.

900 F. Supp. 2d 332, 19 Wage & Hour Cas.2d (BNA) 975, 2012 WL 2700381, 2012 U.S. Dist. LEXIS 93918
District Court, S.D. New York·Decided July 5, 2012·No. No. 11 Civ. 5917 (JMF)·Published·Cited by 1,543 cases

Opinion

OPINION AND ORDER

JESSE M. FURMAN, District Judge:

On August 23, 2011, Sarah Wolinsky filed a complaint in the Southern District of New York alleging violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and provisions of the New York Labor Law (“NYLL”), Art. 19 § 650 et seq. Wolinsky alleged that her former employer, the Defendant Scholastic Inc. (“Scholastic”), intentionally miselassified her as an independent contractor during the course of her employment in order to avoid granting her benefits or paying her overtime wages. (Compl. ¶¶ 44^16). On May 8, 2012, at the request of the parties, the Court referred the matter to a Magistrate Judge for purposes of settlement. (Docket No. 14).

By letter dated May 25, 2012, the parties reported to the Magistrate Judge that they had reached a settlement in principle. (Docket No. 16). On June 20, 2012, the Defendant, with consent of the Plaintiff, submitted the settlement agreement (the “Agreement”) to this Court for its approval, as required under the FLSA. Among other things, the Agreement contains a confidentiality provision, prohibiting Wolinsky from disclosing, discussing, or otherwise publishing the existence or terms of the Agreement. In an accompanying letter, the Defendant set forth its view of (1) why the Agreement is fair; and (2) why confidential in camera review of the Agreement, or else filing of the Agreement under seal, was warranted. (See June 20, 2012 Letter (Docket No. 19)).1

[335] For the reasons stated below, the Court concludes that the common law right of access to judicial documents requires that the Agreement be made public. Accordingly, the parties’ request for approval of the Agreement in its current form is DENIED.

DISCUSSION

A. Approval of FLSA Settlements

Under the FLSA, an employer who violates the requirement that overtime wages be paid must pay both the unpaid overtime compensation and an additional equal amount as liquidated damages. See 29 U.S.C. § 216(b). The FLSA places “strict limits on an employee’s ability to waive claims ... for fear that employers would [otherwise] coerce employees into settlement and waiver.” Le v. SITA Info. Networking Computing USA Inc., 07-CV-86 (JS) (MLO), 2008 WL 724155, at *1 (E.D.N.Y. Mar. 13, 2008) (internal quotation marks omitted). Accordingly, an employee may not waive or otherwise settle an FLSA claim for unpaid wages for less than the full statutory damages unless the settlement is supervised by the Secretary of Labor or made pursuant to a judicially supervised stipulated settlement. See, e.g., Mosquera v. Masada Auto Sales, Ltd., 09-CV-4925 (NGG), 2011 WL 282327, at *1 (E.D.N.Y. Jan. 25, 2011).

In the latter ease, before a district court enters judgment, it must scrutinize the settlement agreement to determine that the settlement is fair and reasonable. See, e.g., Elliott v. Allstate Investigations, Inc., No. 07 Civ. 6078(DLC), 2008 WL 728648, at *1-2 (S.D.N.Y. Mar. 19, 2008) (noting that “several circuits have opined that courts may enter judgments on a basis that does not require full payment of liquidated damages after scrutinizing the proposed settlements for fairness”); Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir.1982) (explaining that “[w]hen employees bring a private action for back wages under the FLSA, and present to the district court a proposed settlement, the district court may enter a stipulated judgment after scrutinizing the settlement for fairness”). In addition, the parties must provide the court with enough information to “examine the bona fides of the dispute.” Dees v. Hydradry, Inc., 706 F.Supp.2d 1227, 1241 (M.D.Fla.2010). The ultimate question is whether the proposed settlement reflects a fair and “reasonable compromise of disputed issues rather than a mere waiver of statutory rights brought about by an employer’s overreaching.” Mosquera, 2011 WL 282327, at *1 (internal quotation marks omitted); see also Martinez v. Ragtime Foods of N.Y., Inc., 11-CV-1483 (JG)(CLP), 2011 WL 5508972, at *3 (E.D.N.Y. Nov. 10, 2011).

In determining whether the proposed settlement is fair and reasonable, a court should consider the totality of circumstances, including but not limited to the following factors: (1) the plaintiffs range of possible recovery; (2) the extent to which “the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claims and defenses”; (3) the seriousness of the litigation risks faced by the parties; (4) whether “the settlement agreement is the product of arm’s-length bargaining between experienced counsel”; and (5) the possibility of fraud or collusion. Medley v. Am. Cancer Soc., No. 10 CV 3214(BSJ), 2010 WL 3000028, at *1 (S.D.N.Y. July 23, 2010); see also, e.g., Dees, 706 F.Supp.2d at 1241, 1244; cf. Alleyne v. Time Moving & Storage Inc., 264 F.R.D. 41, 54 (E.D.N.Y.2010) (identifying nine factors that should be considered in assessing the [336] fairness of a proposed class settlement, seven of which would also be relevant in assessing the fairness of a proposed settlement in an individual FLSA case). Given the purposes of the FLSA, factors that weigh against approving a settlement also include the following: (1) “the presence of other employees situated similarly to the claimant”; (2) “a likelihood that the claimant’s circumstance will recur”; (3) “a history of FLSA non-compliance by the same employer or others in the same industry or geographic region”; and (4) the desirability of “a mature record” and “a pointed determination of the governing factual or legal issue to further the development of the law either in general or in an industry or in a workplace.” Dees, 706 F.Supp.2d at 1244.

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Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 19 Wage & Hour Cas.2d (BNA) 975, 2012 WL 2700381, 2012 U.S. Dist. LEXIS 93918 (S.D.N.Y. 2012).

900 F. Supp. 2d 332 (Wolinsky v. Scholastic Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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