Younger v. Centers for Youth and Families Inc
ORDER granting 13 joint motion for approval of the settlement and approving the settlement agreement. The action is dismissed with prejudice. Signed by Judge Kristine G. Baker on 4/27/2017. (thd)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Case No. 4:16-cv-00170-KGB
CENTERS FOR YOUTH
AND FAMILIES, INC.
Plaintiff Linda Younger filed this action asserting claims under 29 U.S.C. § 216(b) of the
Fair Labor Standards Act (“FLSA”) and the Arkansas Minimum Wage Act (“AMWA”), Arkansas
Code Annotated § 11-4-201, et seq. Before the Court is the parties’ joint motion for order granting
approval of settlement (Dkt. No. 13). The parties now request that the Court approve the
settlement. Attached to the motion as Exhibit A is a stipulation of settlement agreement and release
(“settlement agreement”) (Dkt. No. 13-1, Exhibit A).
Settlement agreements resolving FLSA claims are typically subject to court approval. See
Dillworth v. Case Farms Processing, Inc., 2010 WL 776933 at *2 (N.D. Ohio Mar. 8, 2010) (citing
29 U.S.C. §216(b)). Before approving a settlement, the Court must ensure that the parties are not
negotiating around the FLSA’s requirements and that the settlement represents a fair and
reasonable resolution of a bona fide dispute. See id. at *5; see also Int’l Union, United Auto.,
Aerospace, & Agric. Implement Workers of Am. V. Gen. Motors Corp., 497 F.3d 615, 631 (6th Cir.
The Eighth Circuit Court of Appeals has not directly addressed the factors to be considered
in deciding motions for approval of FLSA settlements. However, other courts have scrutinized
such settlements for fairness in two steps:
First, the court should consider whether the compromise is fair and reasonable to
the employee (factors ‘internal’ to the compromise). If the compromise is
reasonable to the employee, the court should inquire whether the compromise
otherwise impermissibly frustrates implementation of the FLSA (factors ‘external’
to the compromise). The court should approve the compromise only if the
compromise is reasonable to the employee and furthers implementation of the
FLSA in the workplace.
Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1241 (M.D. Fla. 2010).
Having reviewed the settlement agreement, the Court determines that the settlement
agreement both provides Ms. Younger a reasonable recovery and furthers the implementation of
the FLSA in the workplace. Therefore, the Court grants the joint motion for order granting
approval of settlement and approves the settlement agreement (Dkt. Nos. 13, 13-1). The action is
dismissed with prejudice and without costs to any party, except to the extent otherwise expressly
provided in the agreement. The Court retains exclusive jurisdiction over the performance and
enforcement of the settlement agreement and this Order.
It is so ordered this the 27th day of April, 2017.
Kristine G. Baker
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?