Akberova v. Olivier Cheng Catering and Events, LLC, 1:24-cv-09534

The parties in a Fair Labor Standards Act (FLSA) case have notified the court of a reached settlement.
The court requires any dismissal with prejudice to be contingent on approval of the settlement by the Court or Department of Labor (DOL).
The parties must file a letter motion on the public docket by May 13, 2025, explaining why the settlement is fair and reasonable, addressing specific factors outlined by the court.
Any request for attorneys’ fees must be supported by detailed, contemporaneous billing records.
The court generally will not approve settlements filed under seal/redacted or containing broad, unrelated waivers or non-disclosure provisions.
The parties have the option to consent to have the settlement approval overseen by Magistrate Judge Sarah Netburn.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Requirement for court/DOL approval of FLSA settlement	Seeks approval of settlement	Seeks approval of settlement	Settlement not dismissed with prejudice unless approved by court or DOL
Standard for evaluating FLSA settlements	Settlement is fair/reasonable	Settlement is fair/reasonable	Must address fairness, bargaining, risk, fraud, range of recovery, and attorney’s fees
Filings under seal/redacted and broad releases	May propose confidentiality	May propose confidentiality	Court will not approve such settlements absent special/compelling circumstances
Attorney's fees documentation	Will provide documentation	N/A	Requests must include contemporaneous billing records

Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) (FLSA settlements require court or DOL approval to ensure fairness)
Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332 (S.D.N.Y. 2012) (sets forth factors for determining reasonableness of FLSA settlements)
Lopez v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170 (S.D.N.Y. 2015) (requires contemporaneous billing records for fee applications)