Martinez et al v. Gaby Food Services Inc et al

Filing 25

MEMORANDUM OF OPINION. Signed by Judge L Scott Coogler on 8/6/2015. (PSM)

FILED
2015 Aug-06 AM 09:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JESUS MARTINEZ, et al.,
Plaintiffs;
vs.
GABY FOOD SERVICES, INC.,
et al.,
Defendants.

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2:14-cv-01930-LSC

Memorandum of Opinion
Before the Court is the parties’ joint motion for approval of settlement.
(Doc. 24.) This suit was brought by Plaintiffs Jesus Martinez and Francisco Salas to
collect alleged unpaid wages under the Fair Labor Standards Act (“FLSA”). See 29
U.S.C. § 201 et seq. Plaintiffs assert that their pay was less than the statutorily required
minimum and overtime wages. Plaintiffs further assert that, as “tipped employees,”
they were wrongfully required to contribute cash tips to fellow employees who did not
hold a position that regularly received such tips.
In the “context of suits brought directly by employees against their
employer . . . to recover back wages for FLSA violations,” parties must present any

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proposed settlement to the district court, which “may enter a stipulated judgment
after scrutinizing the settlement for fairness.” Lynn’s Food Stores, Inc. v. U.S. Dep’t
of Labor, 679 F.2d 1350, 1353 (11th Cir. 1982). Having considered the guidelines set
forth by the Eleventh Circuit for approval of an FLSA settlement, the Court finds that
the proposed settlement agreement is fair, as it reflects a reasonable compromise of
issues actually in dispute. The settlement was reached in an adversarial context in
which Plaintiffs were represented by competent and experienced counsel, and the
totality of the proposed settlement is fair and reasonable. See id. at 1354.
For the reasons stated above, the joint motion for approval of settlement
agreement (Doc. 24) is due to be granted.

Done this 6th day of August 2015.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
177822

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