Watson et al v. Surf-Frac Wellhead Equipment Company Inc

Filing 116

ORDER re 115 Joint MOTION for Reconsideration re 93 Order, And Agreed Order of Dismissal. The Court directs the parties to submit the appropriate filings to permit this Court to evaluate the settlement. The Court directs that these filings be made under seal. The Court must approve the settlement before entering an order of dismissal. Signed by Judge Kristine G. Baker on 11/14/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BENNIE WATSON, JASON STILLER, SR.,
JASON STILLER, JR. and
ALVIN “BEAU” BELLAMY
v.

PLAINTIFFS

Case No. 4:11-cv-00843 KGB

SURF-FRAC WELLHEAD EQUIPMENT
COMPANY, INC.

DEFENDANT

ORDER
Before the Court is the parties’ joint motion for reconsideration of October 11, 2013,
Order and joint stipulation and motion to dismiss with prejudice (Dkt. No. 115). Plaintiffs
brought this action asserting a claim under 29 U.S.C. § 216(b) of the Fair Labor Standards Act
(“FLSA”). “The FLSA bars private settlements of disputes about unpaid wages.” Brown v. L &
P Indus., LLC, 2005 WL 3503637, *8 (E.D. Ark. Dec. 21, 2005). Rather, the Court is required
to approve any FLSA wage and hour settlement after scrutinizing it for fairness. Id. (citing
Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350, 1352–53 (11th Cir. 1982)). Therefore,
the Court directs the parties to submit the appropriate filings to permit this Court to evaluate the
settlement. The Court directs that these filings be made under seal. The Court must approve the
settlement before entering an order of dismissal.
SO ORDERED this 14th day of November, 2013.

____________________________________
Kristine G. Baker
United States District Judge