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Salas v. Leo's Bagels Hanover Square LLC

Wage Claims' Settlement Approved Subject to Attorney Fees', Costs' Reduction to $4,682

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OPINION & ORDER Plaintiff brings this action under the Fair Labor Standard Act (“FLSA”) and New York Labor Law (“NYLL”) for Defendants’ failure to pay minimum and overtime wages and failure to provide wage statements and notices. (ECF 34 at 1). Defendants employed Plaintiff at their bagel restaurant, Leo’s Bagels Hanover Square. (ECF 34 at 1). The parties submitted their proposed FLSA Settlement Agreement (ECF 34-1) to the Court for approval under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The Cheeks papers were then referred to me for a report and recommendation. (ECF 35). On June 1, 2022, I ordered the parties to submit supplemental information. (ECF 37). On June 28, 2022, the parties consented to my jurisdiction for all purposes (ECF 41) and filed the required materials. (ECF 40). For the reasons below, the settlement is APPROVED, subject to a reduction in attorney’s fees, as described below. I. Background Plaintiff was employed as a delivery worker from approximately October 2019 until on or about February 11, 2021. (ECF 1 39). Although he was employed as a delivery worker, Plaintiff alleges that he spent a considerable part of his workday performing non-tipped work, such as preparing sauces, cutting tomatoes, washing dishes, sweeping, mopping, preparing chicken, and taking out the trash. (ECF 1 5). Plaintiff alleges that Defendants accounted for Plaintiff as a delivery worker in their payroll to avoid paying him the minimum wage rate, but that he spent more than 20 percent of his time doing non-tipped work. (ECF 1

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