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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 20-cv-81029-Brannon

BRITTANY PENNINGTON, et. al., 

Plaintiffs, 

v. 

U-TIKI BEACH, LLC., et. al., 

Defendants. 

_________________________________________/

ORDER APPROVING FLSA SETTLEMENT

AND DISMISSING CASE WITH PREJUDICE

THIS CAUSE came before the Court upon holding a fairness hearing held on August 27, 

2020. The Court has carefully reviewed the terms of the parties’ final written settlement agreement 

and is otherwise fully advised.

Plaintiffs allege that Defendant failed to pay overtime wages as required under the Fair 

Labor Standards Act (“FLSA”) [DE 1]. Defendant answered and asserted affirmative defenses 

[DE 14]. The parties reached a settlement. [DE 16]. Shortly thereafter the parties consented to 

U.S. Magistrate Judge jurisdiction [DE 18] and the case was referred to the undersigned [DE 19]. 

The parties have memorialized the terms of their FLSA settlement in a final written settlement 

agreement that is executed by all parties and has been submitted to the Court for review.

When a private action brought under the FLSA is settled, the Court “may enter a stipulated 

judgment after scrutinizing the settlement for fairness.” Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 

1350, 1353, 1355 (11th Cir. 1982). The Court must find that the settlement is a “fair and reasonable 

resolution of a bona fide dispute over FLSA provisions.” Id. at 1355. While FLSA provisions are 

mandatory, the Eleventh Circuit recognizes that there may be bona fide disputes as to FLSA 

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coverage and thus, the Court may approve a settlement to “promote the policy of encouraging 

settlement of litigation.” Id. at 1354. Where, as here, a settlement agreement was entered into in 

an adversarial context with both sides represented by counsel throughout the litigation, the 

settlement agreement is “more likely to reflect a reasonable compromise” over disputed issues. Id.

Based upon an independent review of the record, having heard from counsel at the fairness 

hearing, and after a thorough review of the represented parties’ fully-executed FLSA settlement 

agreement, the Court finds that the FLSA settlement represents a fair and reasonable resolution of 

the parties’ bona fide FLSA disputes in this matter. Among other things, the FLSA agreement

includes the settlement payments to be made, mutual releases, non-disparagement, and a nonadmission of liability provision. In all, the FLSA agreement represents a fair and reasonable 

compromise of a bona fide dispute over FLSA provisions. 

Accordingly, the Court ORDERS AND ADJUDGES that the parties’ fully-executed 

FLSA settlement agreement is APPROVED. As requested by the parties, the Court retains

jurisdiction to enforce the terms of the parties’ settlement, if necessary. Any pending motions shall 

be DENIED AS MOOT. This case is DISMISSED WITH PREJUDICE. The Clerk of Court 

shall CLOSE THIS CASE.

DONE AND ORDERED in Chambers at West Palm Beach in the Southern District of 

Florida, this 27th day of August, 2020. 

 

DAVE LEE BRANNON 

U.S. MAGISTRATE JUDGE

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