May v. E&J Well Service et al
ORDER granting 79 Motion to Approve Settlement Agreement by Judge R. Brooke Jackson on 9/22/15.(jdyne, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No 14-cv-00121-RBJ
RYAN MAY, individually and on behalf of All Others Similarly Situated,
E & J WELL SERVICE, INC.,
and ELDON MARTIN,
ORDER APPROVING SETTLEMENT AGREEMENT
The court has reviewed the Plaintiffs’ Motion for Approval of Settlement [ECF No. 79]
and all of the exhibits attached thereto, including the terms of the Settlement Agreement. In the
Plaintiffs’ operative Complaint, they alleged that the Defendants violated the Fair Labor
Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., by misclassifying a portion of their workforce
as independent contractors and failing to pay the correct amount of overtime for hours worked in
excess of forty hours in a workweek. The case was conditionally certified as a collective action
and notice issued. Fifteen individuals filed consents to join the action and remain part of this
action. The parties have jointly moved for approval of a settlement agreement and to enter an
order dismissing this case.
The FLSA provides that “any employer who violates the provisions of section 206 or 207
of this title shall be liable to the employee ... affected in the amount of unpaid wages, or their
unpaid overtime compensation, as the case may be ....“ 29 U.S.C. § 216(b). FLSA claims may
be compromised after the court reviews and approves a settlement in a private action for back
wages under 29 U.S.C. § 216(b). Lynn’s Food Stores, Inc. v. United States, U.S. Dep’t of Labor,
679 F.2d 350, 1353 (11th Cir.1982). If the settlement reflects “a reasonable compromise over
issues,” the court may approve it. Id. at 1354.
In this case, there are genuine disputes over whether defendant violated the FLSA and the
amount, if any, of overtime pay due. This court has reviewed the Settlement Agreement and
finds that the amount to be paid to the plaintiffs and the amount of attorney’s fees and expenses
provided for in the settlement agreement are fair and reasonable. This court approves the
proposed settlement as a fair and reasonable compromise of a bona fide dispute under the FLSA.
The motion for approval is granted.
DATED this 22nd day of September, 2015.
BY THE COURT:
R. Brooke Jackson
United States District Judge
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