Order | Filed: October 01, 2026
| Entered: October 01, 2026
Visich et al v. B&C Partners LLC et al
Civil Rights: Jobs | New York Eastern
Order on Motion for Settlement
ORDER granting DE 16 Motion for Settlement. The parties filed the motion at DE 16 for settlement approval, and the Court or the Department of Labor must approve a settlement dismissing FLSA claims with prejudice. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 200 (2d Cir. 2015). The parties therefore must satisfy the Court that their settlement agreement is "fair and reasonable." Rillera v. Andy Frain Servs., Inc., No. 22-CV-7357, 2024 WL 3677935, at *1 (S.D.N.Y. July 2, 2024) (citation omitted).
Having reviewed the settlement agreement (DE [16-1), the Court finds that "the agreement reflects a reasonable compromise of disputed issues and not simply a waiver of statutory rights brought about by an employer's overreaching." Rodriguez-Reyes v. S. Glazer's Wine & Spirits, LLC, No. 24-CV-06873, 2025 WL 1897867, at *1 (E.D.N.Y. June 20, 2025) (quotations and citation omitted). In reaching this conclusion, the Court has considered, among other things, (1) that the settlement amount as reflected in the settlement agreement is substantial and fair in light of litigation risk and is within the possible range of recovery; (2) that the attorneys' fees and costs portion of the settlement is reasonable and commensurate with the degree of success obtained; (3) that the release provided in the agreement is limited in scope; and (4) that the settlement agreement does not impose a duty of confidentiality. See Fisher v. SD Protection Inc., 948 F.3d 593, 606-07 (2d Cir. 2020) ((instructing that the factors set forth in Wolinksy v. Scholastic Inc., 900 F. Supp. 2d 332, 335-36 (S.D.N.Y. 2012) guide the fairness inquiry).
Under the circumstances in this case, the total settlement amount of $92,918.24 is fair and reasonable. The net amount to be received by Plaintiff (after attorney's fees and costs) is $69,863.34. See DE 16 at 2. These figures resemble settlement amounts that are "more than reasonable" in this Circuit relative to Plaintiff's claimed unpaid wages. See DE 16 at 4 (Plaintiffs' claimed value of their wage and hour claims is $100,483); Perez v. 66 Meat Corp., No. 22-CV-7003, 2024 WL 2716851, at *6 (E.D.N.Y. May 28, 2024), report and recommendation adopted, No. 22-CV-7003 (NCM) (JAM), 2024 WL 3161838 (E.D.N.Y. June 25, 2024) (approving a settlement that represented 75% of plaintiffs expected recovery) cf. Caccavale v. Hewlett-Packard Co., No. 20-CV-974, 2025 WL 882220, at *21 (E.D.N.Y. Mar. 14, 2025) (collecting cases with approved settlements ranging from 26% to 13.8% of total recovery amount), report and recommendation adopted, 2025 WL 882221 (E.D.N.Y. Mar. 21, 2025).
Moreover, "the Settlement Sum [] reflects a compromise of heavily disputed claims" (DE 16 at 3), and the Court finds that the terms of the settlement agreement are fair and reasonable and otherwise satisfy the factors set forth in Wolinksy. See Fisher, 948 F.3d at 600.
Finally, the Court finds that the requested attorneys' fees and costs are reasonable under the circumstances. See, e.g., Rodriguez-Reyes, 2025 WL 1897867, at *1 (noting that courts routinely award one third of a settlement fund as a reasonable fee in FLSA cases).
The settlement is therefore approved, and the motion for settlement approval is GRANTED as follows: Plaintiffs shall receive $69,863.34, and Plaintiffs' counsel shall receive $23,054.90 for fees and costs. The Clerk of the Court is respectfully directed to close this case.
Ordered by Magistrate Judge Lee G. Dunst on 10/1/2026. (GAW)