Henao v. Parts Authority, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK won eK DAVIDSON HENAO et al., : Plaintiffs, : : 19 Civ. 10720 (LGS) -against- : : ORDER PARTS AUTHORITY, LLC et al., : Defendants. : LORNA G. SCHOFIELD, District Judge: WHEREAS, on October 20, 2021, the parties filed their Cheeks materials for Opt-In Plaintiffs Latoya Brown-Gillis, LaTonya Sims and Louis Bolden. The parties’ proposed settlement agreements provide that the plaintiffs will never seek or accept employment with any of the released parties. It is hereby ORDERED that the parties’ application for approval of their settlement agreement is DENIED without prejudice to renewal. “Courts in this district have consistently rejected FLSA settlements that seek to prevent plaintiffs from having a future employment with defendant as contrary to the underlying aims of the FLSA.” Brittle v. Metamorphosis, LLC, No. 20 Civ. 3880, 2021 WL 606244, at *3 (S.D.N.Y. Jan. 22, 2021) (internal quotation marks omitted). It is further ORDERED that if the parties wish to proceed with settlement, they shall file revised Cheeks materials by November 3, 2021.

Dated: October 27, 2021 New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE