GOMEZ
v.
BIANCHI'S CONSTRUCTION AND REMODELING L.L.C
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court approved the parties' settlement agreement for an FLSA claim, finding it to be a fair and reasonable resolution of a bona fide dispute.
Plaintiff Laura Gomez sued Bianchi's Construction and Remodeling, LLC, for unpaid overtime under the FLSA. The parties negotiated a settlement agreeme…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Reasonableness Of Attorney'S Fees In Flsa Settlements cases and more on FLexlaw
The plaintiff Laura Gomez sues the defendant Bianchi's Construction and Remodeling, LLC, under the Fair Labor Standards Act, 29 U.S.C. § 203, et seq., (the "FLSA") to recover unpaid compensation for overtime work. Doc. 1. In response to Gomez's claims, the parties negotiated and executed a settlement agreement, which they submit for court approval. Doc. 11 at 7–9. The parties consent to my jurisdiction for review of their proposed settlement agreement. Docs. 15, 16.
When an employee sues her employer under Section 216(b) of the FLSA, “the district court may enter a stipulated judgment after scrutinizing the settlement for fairness." Lynn's Food Stores, Inc. v. U.S. ex rel. U.S. Dep't of Labor, 679 F. 2d 1350, 1353 (11th Cir. 1982). To determine the fairness of a proposed settlement, the Court considers,
(1) the existence of fraud or collusion behind the settlement; (2) the complexity, expense, and likely duration of the litigation; (3) the stage of the proceedings and the amount of discovery completed; (4) the probability of plaintiff's success on the merits; (5) the range of possible recovery; and (6) the opinions of the counsel.
Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227, 1241 (M.D. Fla. 2009). (quoting Pessoa v. Countrywide Home Loans, Inc., No. 6:06-cv-1419-Orl-JGG, 2007 WL 1017577, at *3 (M.D. Fla. Apr. 2, 2007). A proposed settlement warrants approval only if it is "a fair and reasonable resolution of a bona fide dispute" of the plaintiff's FLSA claim. Lynn's Food Stores, Inc., 679 F. 2d at 1355; Gomez v. Cabinet Coating Kings, LLC, et al., No: 6:23-cv-2447-GAP-LHP, 2024 WL 4906024, at *2 (M.D. Fla Nov. 12, 2024). When a settlement agreement includes an amount for attorney's fees and costs, the court must review the reasonableness of counsel's fees to ensure both counsel's compensation and that no conflict of interest affects the plaintiff's recovery. Gomez, 2024 WL 4906024, at *2 (quoting Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009) (per curiam)). However, if the attorney's fees were “agreed upon separately and without regard to the amount paid to the plaintiff, then, unless the settlement does not appear reasonable on its face,” the court may approve the settlement without separately considering the reasonableness of the amount of attorney's fees. Bonnetti v. Embarq Mgmt. Co., 715 F. Supp. 2d 1222, 1228 (M.D. Fla. 2009).
As discussed in the report and recommendation, Doc. 12, all parties are represented by counsel, and they negotiated a settlement based on the plaintiff's employment status, pay, and hours worked. Doc. 11 at 4. Gomez's complaint alleges that the defendant failed to compensate her at the prevailing minimum wage and for overtime work. Doc. 1. The parties agree to a total payment of $10,000, which includes $2,685.00 in unpaid wages and $2,685.00 in liquidated damages. Doc. 11 at 5, 7-8. The total payment also includes $4,000.00 in attorney's fees and $630.00 in costs, which were negotiated separately from Gomez's recovery. Doc. 11 at 5, 8.
Upon review of the complaint, I find that the probability of success on the merits is uncertain, and each party bears significant litigation risk. See Hydradry, Inc., 706 F. Supp. 2d at 1241. The agreed upon total is a reasonable compromise based on the range of possible recovery if the plaintiff prevailed at trial.¹ Therefore, I find that the parties' negotiated terms are “a fair and reasonable resolution of a bona fide dispute" under the FLSA. Lynn's Food Stores, Inc., 679 F. 2d at 1355; Gomez, 2024 WL 4906024, at *2.
Accordingly, the parties” “joint motion for approval of FLSA settlement and to dismiss case with prejudice,” Doc. 11, is GRANTED, and the settlement agreement is APPROVED. See Bonnetti, 715 F. Supp. 2d at 1228. The plaintiff Laura Gomez's claims against the defendant Bianchi's Construction and Remodeling, LLC, are DISMISSED WITH PREJUDICE. The Clerk shall terminate all pending motions and close the case.
ORDERED in Tampa, Florida on the 29th day of July, 2025.
LINDSAY S. GRIFFIN
United States Magistrate Judge
3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gomez v. Bianchi's Constr. & Remodeling L.L.C, 2024 WL 4906024 (M.D. Fla. 2025)…t. Docs. 15, 16. When an employee sues her employer under Section 216(b) of the FLSA, “the district court may enter a stipulated judgment after scrutinizing the settlement for fairness." Lynn's Food Stores, Inc. v. U.S. ex rel. U.S. Dep't of Labor, 679 F. 2d 1350, 1353 (11th Cir. 1982). To determine the fairness of a proposed settlement, the Court considers, (1) the existence of fraud or collusion behind the settlement; (2) the complexity, expense, and likely duration of the litigation; (3) the stage ---PA…1 / 3
-
Treesh v. Safelite Fulfillment, Inc. (M.D. Fla. 2025)…ed settlement warrants approval only if it is "a fair and reasonable resolution of a bona fide dispute" of the plaintiff's FLSA claim. Lynn's Food Stores, Inc., 679 F.2d at 1355; Gomez v. Cabinet Coating Kings, LLC, et al., No: 6:23-cv-2447-GAP-LHP, 2024 WL 4906024, at *2 (M.D. Fla Nov. 12, 2024). “When a settlement agreement includes an amount for attorney's fees and costs, the 'FLSA requires judicial review of the reasonableness of counsel's legal fees to assure both that counsel is compensated adequately a…1 / 4
-
Canino v. Brandon Rental Ctr., Inc., 2024 WL 4906024 (M.D. Fla. 2025)…proval. Doc. 30. When an employee sues his employer under Section 216(b) of the FLSA, “the district court may enter a stipulated judgment after scrutinizing the settlement for fairness." Lynn's Food Stores, Inc. v. U.S. ex rel. U.S. Dep't of Labor, 679 F.2d 1350, 1353 (11th Cir. 1982). To determine the fairness of a proposed settlement, the Court considers, (1) the existence of fraud or collusion behind the settlement; (2) the complexity, expense, and likely duration of the litigation; (3) the stag…1 / 3
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- O'Neal v. Am. Shaman Franchise Sys., Inc., 679 F. 2d 1350 (11th Cir. 2026)
- Bonetti v. Embarq Mgmt. Co., 715 F. Supp. 2d 1222 (M.D. Fla. 2009)
- Dees v. Hydradry, Inc., 2010 U.S. Dist. LEXIS 40900 (M.D. Fla. 2010)
- Gomez v. Bianchi's Constr. & Remodeling L.L.C, 2024 WL 4906024 (M.D. Fla. 2025)