Kuntze v. Josh Enterprises, Inc.

Filing 29

Memorandum Opinion. The Court DENIES without prejudice the motion for settlement approval (ECF no. 26). The parties are DIRECTED to address the Court's concerns about the attorneys' fees and resubmit the matter within twenty-one (21) days. Signed by Chief District Judge Mark S. Davis on 5/20/2019. (jrin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division
SUZANNE KUNTZE,

Plaintiff,
Case No.: 2:18cv38

V.

JOSH ENTERPRISES, INC., d/b/a,
JACKSON HEWITT TAX SERVICE,
Defendant.

MEMORANDUM OPINION

The parties have submitted a Joint Motion for Approval of
Settlement and Dismissal, ECF No. 26, along with a copy of the
Settlement Agreement, ECF No. 26-2, and a joint memorandum in

support, ECF No. 27, seeking dismissal with prejudice of this
action filed pursuant to the Fair Labor Standards Act ("FLSA"), 29
U.S.C. § 201, et seq.

For the reasons stated below, the Court

DENIES the motion for settlement approval without prejudice.
I. STANDARD

"Congress made the FLSA's provisions mandatory; thus, the

provisions are not subject to negotiation or bargaining between
employers and employees. FLSA rights cannot be abridged by contract

or otherwise waived because this would nullify the purposes of the
statute and thwart the legislative policies it was designed to
effectuate."

Lynn's

Food

Stores,

679

F.2d

at

1352

(internal

quotation marks and citations omitted). As a result, "[t]here are