Gonzalez v. Don Pedro Mexican Food, Inc. et al

Filing 17

ORDER denying the Parties 16 Motion for Approval of the Settlement. Signed by Judge Richard W. Story on 2/11/13. (cem)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
RUTH GONZALES,
Plaintiff,
v.
DON PEDRO MEXICAN FOOD,
INC., et al.,
Defendants.

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CIVIL ACTION NO.
1:12-CV-3032-RWS

ORDER
This case is before the Court for consideration of Plaintiff’s Motion for
Review and Approval of Settlement Agreement [16]. Plaintiff seeks approval
of a confidential Settlement Agreement reached between her and Defendants.
The Agreement settles Plaintiff’s claim pursuant to the Fair Labor Standards
Act (“FLSA”), and the parties seek approval of the Agreement without making
its terms public.
Judicial review and approval of Fair Labor Standards Act settlements are
necessary to give settlements final and binding effect. Lynn’s Food Stores,
Inc. v. U.S. Dept. of Labor, 679 F. 2d 1350, 1353 (11th Cir. 1982). A district
court “may enter a stipulated judgment after scrutinizing the settlement for

AO 72A
(Rev.8/82)

fairness.” Id. “[A] confidentiality provision furthers resolution of no bona fide
dispute between the parties; rather, compelled silence unreasonably frustrates
implementation of the ‘private-public’ rights granted by the FLSA and thwarts
Congress’ intent to insure widespread compliance with the statute.” Dees v.
Hydradry, Inc., 706 F. Supp. 2d 1227, 1242 (M.D. Fla. 2010). Sealing an
FLSA settlement agreement “thwarts Congress’s intent both to advance
employees’ awareness of their rights and to ensure pervasive implementation of
the FLSA in the workplace.” Id. at 1245.
While the parties may assert that a confidentiality agreement promotes
the settlement of this case, the Court concludes that the confidentiality
provision is contrary to the purposes of the FLSA. Therefore, the parties
request for approval of the Settlement is hereby DENIED.
SO ORDERED, this 11th day of February, 2013.

_______________________________
RICHARD W. STORY
UNITED STATES DISTRICT JUDGE

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AO 72A
(Rev.8/82)