UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:20-cv-22603-GOODMAN

[CONSENT]

ERIC CHAVEZ, et al.,

Plaintiffs,

v. 

GRILL ENTERPRISES, LLC, et al.,

Defendants.

_____________________________/ 

ORDER APPROVING FLSA SETTLEMENT AND CLOSING CASE

The Court held a Zoom videoconference fairness hearing on August 25, 2023, and 

heard from counsel regarding the fairness of the settlement of Plaintiffs’ claims alleging 

violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. [ECF Nos. 198-

204].

In general, the FLSA’s minimum wage and overtime provisions are mandatory 

and not subject to negotiation or bargaining between employers and employees. See 

Brooklyn Savings Bank v. O’Neil, 324 U.S. 697 (1945). But there are two ways employees 

may settle and waive a claim against their employer for unpaid minimum wages or 

overtime pay under the FLSA: (1) if the payment of unpaid minimum wage/overtime pay 

is supervised by the Secretary of Labor or (2) in a private lawsuit brought by an employee, 

if the parties present the district court with a proposed settlement and the court enters an 

Case 1:20-cv-22603-JG Document 207 Entered on FLSD Docket 08/25/2023 Page 1 of 3
2

order approving the fairness of the settlement. 29 U.S.C. § 216(c); Lynn’s Food Stores, Inc. 

v. U.S., 679 F.2d 1350, 1353 (11th Cir. 1982); see also Schulte, Inc. v. Gangi, 328 U.S. 108 

(1946). 

An employee may settle and release FLSA claims against his employer without the 

supervision of the Secretary of Labor if all of the following conditions are met: (1) the 

settlement occurs in an adversarial context; (2) there are issues of FLSA coverage and/or 

computations actually in dispute; and (3) the district court enters an order approving the 

settlement after scrutinizing the fairness of the settlement. Lynn’s Food Stores, Inc., 679 

F.2d at 1354.

The Court considered the factors outlined in Lynn’s Food Stores, Inc. and also 

considered the strengths of the parties’ cases; the factual positions of the parties; the 

existence (or lack thereof) of documents supporting or corroborating the parties’ 

positions; the strengths and weaknesses in the parties’ respective cases; and the parties’ 

desire to resolve the dispute sooner, rather than later.

The Court finds that the settlement here represents a genuine compromise of a 

bona fide dispute. Defendants, who have denied liability, have agreed to pay Plaintiffs

more than they believe Plaintiffs are due under the law. All parties have agreed to settle 

as a result of reasonable strategic and financial considerations.

The Undersigned also reviewed Plaintiffs’ counsel’s billing and costs records. [ECF 

No. 203]. Those records show that Plaintiffs ’counsel significantly discounted his total 

Case 1:20-cv-22603-JG Document 207 Entered on FLSD Docket 08/25/2023 Page 2 of 3
3 

fees and costs. Additionally, the Undersigned finds that Plaintiffs’ attorney’s hourly rate 

of $400, for an attorney practicing law for approximately 35 years, to be reasonable and 

less than what some courts have awarded him. Therefore, the settlement is reasonable 

not just when viewed in light of Plaintiffs’ claims against Defendants (and Defendants’ 

defenses to those claims), but also in light of the amounts that each Plaintiff and Plaintiffs’ 

counsel will receive.

In addition, the Court finds that the settlement here occurred in an adversarial 

context, and there are genuine coverage and computation issues in dispute. The Court 

further finds that the settlement reached by the parties represents a reasonable 

compromise by both sides and is fair and reasonable.

Accordingly, it is ORDERED and ADJUDGED that the parties’ settlement 

agreement is fair and reasonable, the settlement is APPROVED, and this action is 

DISMISSED WITH PREJUDICE. The Court reserves jurisdiction to enforce the terms of 

the parties’ settlement. The Clerk is directed to CLOSE THIS CASE. 

DONE AND ORDERED in Chambers at Miami, Florida, on August 25, 2023. 

Copies furnished to: 

All Counsel of Record

Case 1:20-cv-22603-JG Document 207 Entered on FLSD Docket 08/25/2023 Page 3 of 3