WEATHERLY
v.
TRINITY TILE GROUP OF OCALA, INC.
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A consent case in federal court where Plaintiff Weatherly and Defendant Trinity Tile Group of Ocala, Inc. have reported full resolution of their Fair Labor Standards Act (FLSA) dispute. The Court conditionally approves the settlement and orders the parties to submit appropriate settlement or dismissal documents for judicial review, noting that FLSA provisions are non-waivable.
The Court conditionally approves the resolution but requires the parties to submit either settlement documents for judicial review (if the FLSA claim has been compromised) or a stipulation of dismissal (if settled without compromise), given that FLSA provisions are mandatory and non-waivable.
“FLSA provisions are mandatory, not subject to negotiation or bargaining between employers and employees, and not subject to waiver.”
Establishes the non-negotiable nature of FLSA rights and the Court's duty to review settlements involving FLSA claims despite party agreement
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Weatherly brought an action against Trinity Tile Group of Ocala, Inc. under the Fair Labor Standards Act. The parties have reported that the…
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This consent case is before the Court on Plaintiff's notice of resolution advising the Court that the case has been fully resolved subject to the Court's approval of the parties' proposed settlement. Accordingly, it is ORDERED that:
1. The Clerk is directed to terminate any pending motions and administratively close this case pending further Order.
2. The Court notes that this case was brought under the Fair Labor Standards Act (FLSA). FLSA provisions are mandatory, not subject to negotiation or bargaining between employers and employees, and not subject to waiver. See Lynn's Food Stores, Inc. v. United States Dep't of Labor, 679 F. 2d 1350, 1352 (11th Cir. 1982). Therefore, the parties will be required to submit settlement documents for the Court's review, if the claim or claims have been compromised, or other appropriate dismissal documents. If the parties have settled this matter without compromise, they may file a stipulation of dismissal
in accordance with Rule 41 of the Federal Rules of Civil Procedure to close this file.
3. The parties shall have until July 25, 2024, to file the appropriate documents to close out this file.
DONE and ORDERED in Ocala, Florida on May 23, 2024.
PHILIP R. LAMMENS United States Magistrate Judge
Copies furnished to: Counsel of Record Unrepresented Parties
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