Bouzzi v. F & J Pine Restaurant, LLC
2012 U.S. Dist. LEXIS 3489
| E.D.N.Y | 2012Background
- Plaintiffs sued under FLSA and NYLL for unpaid wages.
- Parties tentatively settled on July 5–6, 2011, with settlement terms submitted for court approval.
- Defendants moved to seal the proposed settlement under seal; Plaintiffs did not oppose.
- Magistrate Judge Poliak reviewed in camera and recommended approval but denied sealing the entire agreement and allowed a partial/sealed option.
- Defendants moved for seal, objected to the R&R, and the court issued a supplemental R&R denying sealed-only relief.
- Court adopted the R&R and Supp. R&R, approving the settlement as fair and reasonable and denying sealing, in whole or in part, or temporarily.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should the FLSA settlement be filed under seal? | Public access should apply; secrecy undermines transparency. | Confidentiality helps settlements and future negotiations. | No; seal denied; presumption of public access upheld. |
| Does the presumption of public access attach to FLSA settlements? | Settlement content should be accessible to ensure fairness. | The agreement is private by nature and should be sealed to protect interests. | Yes; judicial approval of FLSA settlement is a public record, with strong access presumption. |
| Can confidentiality outweigh the public access presumption in FLSA settlements? | Not applicable; public interest overrides. | Confidentiality can be justified to protect privacy and negotiation efficiency. | No; confidentiality does not overcome the presumption, and reasons are conclusory. |
| Does unsealing frustrate the legislative intent of the FLSA? | Unsealing supports transparency about wage rights. | Unsealing might impede settlements and negotiations. | No; unsealing aligns with FLSA goals; confidentiality is not required. |
| Should the court grant a temporary seal to facilitate future wage claims? | Temporary sealing could hide information about employees' rights. | Temporary seal could prevent strike suits and promote settlements. | Denied; speculative future concerns do not overcome public access. |
Key Cases Cited
- Joo v. Kitchen Table, Inc., 763 F. Supp. 2d 643 (S.D.N.Y. 2011) (strong presumption of public access for FLSA settlements)
- Dees v. Hydradry, Inc., 706 F. Supp. 2d 1227 (M.D. Fla. 2010) (confidentiality undermines FLSA purpose)
- Baker v. Dolgencorp, Inc., 818 F. Supp. 2d 940 (E.D. Va. 2011) (public nature of FLSA settlements; confidentiality not favored)
- Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260 (M.D. Ala. 2003) (public interest in employee rights under FLSA)