Hain et al v. Walgreen Co. et al

Filing 47

Judge Indira Talwani: ORDER entered. See attached PRELIMINARY ORDER ON JOINT MOTION FOR APPROVAL OF SETTLEMENT re 46 Response to Order to Show Cause (JOINT MOTION FOR APPROVAL OF SETTLEMENT AND FINAL JUDGMENT). (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CYNTHIA HAIN, et al.,
Plaintiffs,
v.
WALGREEN CO., et al.,
Defendants.

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Civil Action No. 14-cv-13755-IT

PRELIMINARY ORDER ON JOINT MOTION FOR APPROVAL OF SETTLEMENT
September 9, 2016
TALWANI, D.J.
Upon review of the written settlement agreement in this Fair Labor Standards Act
(“FLSA”) action, the court finds that the terms of the proposed settlement concerning the
compromise and release of wage and hour claims and payment of attorney’s fees to be a fair and
reasonable resolution of a bona fide dispute over FLSA claims. The court does not find the noneconomic terms to be fair and reasonable, however. Specifically, the court finds the following
provisions to be in tension with the remedial purposes of the FLSA: paragraph 8(e) prohibiting
plaintiffs from assisting others; paragraph 9 on Confidentiality and Agreement Not to Publicize;
paragraph 10 providing for liquidated damages; and the supplement to paragraph 8 prohibiting
plaintiffs’ future employment with Walgreens.
Accordingly, the parties shall promptly advise the court if they seek approval of the
settlement with paragraphs 8(e), 9 and 10, and the supplement to paragraph 8 prohibiting
plaintiffs’ future employment with Walgreens stricken (in which case, the court will approve the

so-modified settlement agreement), or if they decline to agree to the court striking those
provisions.
IT IS SO ORDERED.
September 9, 2016

/s/ Indira Talwani________
United States District Judge

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