3:23-cv-00809
D. Conn.Jul 3, 2024Background
- Plaintiff Cesar Perez Ramirez worked as a cook at Odell Pizza, Inc. from December 2021 to December 2022, claiming he regularly worked 72 hours per week without overtime pay.
- Ramirez alleged he was not exempt from overtime under the FLSA or Connecticut law and sought unpaid wages, liquidated damages, interest, and attorney fees.
- Defendants Odell Pizza, Inc. and Bruno DiFabio disputed Ramirez’s claimed work hours, his eligibility for overtime, and the applicability of liquidated damages.
- The parties participated in a court-mediated settlement conference, reaching an agreement for a $20,000 payment (including plaintiff's fees and costs).
- Approval of FLSA settlements with prejudice requires judicial review for fairness, as per Second Circuit precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for Overtime Pay | Ramirez not exempt; worked 72 hours/week, owed overtime | Disputed number of hours and eligibility under law | Settlement reflects reasonable compromise, court approval required |
| Amount of Damages | Sought full overtime wages, liquidated damages, and fees | Disputed claimed damages, partial time records | Court found settlement was within reasonable range of recovery |
| Fairness of Settlement | Arm’s length, mediated, no overbroad release or secrecy | Agreement was negotiated, no overbroad release | Settlement is fair, reasonable, and not result of collusion |
| Attorney’s Fees | Requested 33% of settlement ($6,666.67) | No objection to standard contingency amount | Court held fees were reasonable under FLSA |
Key Cases Cited
- Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) (judicial approval required for FLSA settlements)
- Fisher v. SD Protection, Inc., 948 F.3d 593 (2d Cir. 2020) (district courts must review FLSA settlement fairness)
- Wolinsky v. Scholastic, Inc., 900 F. Supp. 2d 332 (S.D.N.Y. 2012) (factors for approving FLSA settlements)