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Diaz v. Rockland Gardens Assocs.

'Cheeks' Approval of FLSA Wage Action's Settlement for $35,000 as 'Fair' Is Explained

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OPINION & ORDER Frank Diaz (“Diaz” or “Plaintiff”) brought this Action against his former employer, Rockland Garden Associates (“Rockland Gardens” or Defendant), pursuant to the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §201 et seq., and the New York Labor Law (“NYLL”), §190 et seq. (See generally Compl. (Dkt. No. 1).) The Parties now seek approval of their proposed settlement (the “Settlement Agreement” or “SA”). (Decl. of Douglas B. Lipsky, Esq., (“Lipsky Decl.”) Ex. A (“SA”) (Dkt. No. 16).) For the reasons that follow, the Parties’ proposed settlement is approved. I. Background A. Factual Background Plaintiff is a former superintendent at Rockland Gardens, an apartment complex in Nyack, New York. (Compl.

1, 13.) In this capacity, Plaintiff was responsible for, among other duties, ordinary maintenance, garbage removal, and responding to tenant complaints. (Id. 19.) Plaintiff worked at Rockland Gardens from 2006 to February 11, 2022 and alleges that during that time he worked six days a week, from 9 to 6 P.M. each day, for a total of 54 hours per week. (Id. 18.) Plaintiff has asserted various wage and hour violations. He alleges that Defendant knowingly and willfully failed to pay him overtime compensation in violation of the FLSA and NYLL. (Id.

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