Bozeman v. The City of Opp, Alabama
2:14-cv-01042
M.D. Ala.Jun 25, 2015Background
- Plaintiff Bozeman; defendants City of Opp, Opp Utilities Department, and Utilities Board of the City of Opp allegedly violated the FLSA and Equal Pay Act by underpaying wages.
- The parties proposed a settlement of Bozeman's back-wage claims under 29 U.S.C. §216(b) and submitted it to the district court for approval.
- The court conducted an on-the-record conference to review the proposed settlement.
- FLSA provisions are generally non-waivable, with two narrow exceptions: Secretary-supervised back wages under §216(c) and private suits settled with court approval under §216(b).
- The court found bona fide disputes over FLSA provisions, including whether Bozeman and a male comparator performed equal work under equal conditions.
- Bozeman will receive $25,000, and her counsel will be paid $12,500 under the contingency-fee agreement, covering costs; she releases claims up to the settlement date; a judgment will be entered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the FLSA private-action settlement fair and reasonable? | Bozeman asserts a reasonable compromise reflecting disputed issues. | Opposes arguments but supports settlement as an appropriate resolution. | Settlement approved as fair and reasonable. |
| Does the settlement comply with FLSA waiver rules and procedures? | Settlement follows the private-action pathway with court review under §216(b). | Settlement correctly avoids improper waivers and adheres to statutory framework. | Approved under the §216(b) framework as a fair resolution. |
| Were there bona fide disputes under the FLSA provisions warranting settlement approval? | Disputes exist over whether Bozeman and comparator performed equal work under equal conditions. | Disputes exist and require resolution via settlement. | Court found bona fide disputes and approved the settlement. |
Key Cases Cited
- Brooklyn Savings Bank v. O’Neil, 324 U.S. 697 (Supreme Court 1945) (FLSA rights generally non-waivable; limited exceptions apply)
- Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982) (private settlements may be approved when adversarial context exists and terms are fair)
- Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260 (M.D. Ala. 2003) (court may approve settlements ensuring protections under wage laws)
