Opinions and documents
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FELIX M. PAGAN,
Plaintiff,
v. Case No: 6:25-cv-1889-DCI
THE PROVIDENCIA GROUP, LLC,
Defendant.
ORDER
This is an FLSA case. See generally 29 U.S.C. §§ 201 to 209. The parties filed a “Joint
Motion to Approve FLSA Settlement,” in which the parties request approval of their FLSA
settlement. (Doc. 43, the Motion). The parties consented to the jurisdiction of the undersigned
magistrate judge for this case. Doc. 25. The presiding district judge approved that consent. Doc.
26.
Since the proposed settlement involves a compromise of Plaintiff’s FLSA wage claims, it
is incumbent on the Court to review the reasonableness of the proposed settlement. See Lynn’s
Food Stores, Inc. v. U.S. Dep’t of Labor, 679 F.2d 1350 (11th Cir. 1982). Having reviewed the
same, the Court finds that the proposed settlement is a reasonable compromise of a bona fide
dispute between parties represented by competent counsel. Id. The Court notes that this case
involves both wage claims and a claim for retaliatory discharge. The Agreement resolves all
claims and contemplates dismissal of this case with prejudice. In addition to the settlement of the
retaliation claim, the Agreement provides for separate consideration of $500 for a general release,
a non-disparagement clause, and a confidentiality clause. Thus, the Agreement provides
significant, additional, and separate consideration for those provisions, and the Motion contains a
sufficient explanation for their inclusion.
However, the Court finds that the confidentiality clause should be stricken. An employer’s
insistence upon a confidentiality provision as part of an FLSA settlement contravenes the policies
underlying the FLSA. Gillard v. Fleetmatics USA, LLC, 2016 WL 6997167, at *1 (M.D. Fla. Sept.
20, 2016). “The district court should reject as unreasonable a compromise that contains a
confidentiality provision, which is unenforceable and operates in contravention of the FLSA.”
Dees v. Hydradry, Inc., 706 F.Supp.2d 1227 (M.D. Fla. 2010); see, e.g., Ramnaraine v. Super
Transp. of Fla., LLC, 6:15-cv-710-Orl-22GJK, 2016 WL 1376358, at *3-4 (M.D. Fla. Mar. 18,
2016) (stating that confidentiality clauses contained in FLSA settlement agreements “thwart
Congress’s intent to ensure widespread compliance with the FLSA”) (citations and internal
quotations omitted), report and recommendation adopted, 2016 WL 1305353 (M.D. Fla. Apr. 4,
2016). In addition to the offensive nature of this type of provision, the parties filed the Agreement
in the public record, as they must. Docs. 29-1. Accordingly, confidentiality is illusory. See
Phillips v. W.W. Contractors, Inc., 2015 WL 5897705, at *4 (M.D. Fla. Oct. 7, 2015) (finding that
the parties’ settlement agreement was a matter of public record and so the confidentiality provision
was null.). Likewise, the provision is unenforceable because it has now been filed in the public
domain. Brown v. SeaDog Brewpub BV, LLC, 2016 WL 773030, at *5 (M.D. Fla. Dec. 29, 2016),
report and recommendation adopted, 2017 WL 119741 (M.D. Fla. Jan. 12, 2017) (“Additionally,
such provisions have been rejected because they are inherently unenforceable due to the public
filing of the settlement agreements containing the confidentiality clauses.”) (citing Housen v.
Econosweep & Maintenance Services, Inc., 2013 WL 2455958, at *2 (M.D. Fla. Jun. 6, 2013)).
As a general matter, the undersigned finds that employees should not have to agree to
confidentiality to obtain the wages they are owed. Thus, the undersigned finds that these
provisions affect the fairness and reasonableness of the FLSA wage claims settlement, such that
their inclusion would render the settlement of the FLSA claims unfair and unreasonable to
Plaintiff. While the parties could conceivably have drafted confidentiality language that applied
to the non-FLSA wage claims, they did not. Instead, they crafted a provision that applied to “the
financial terms of this Agreement.” Doc. 43 at 14. As such, the clause applies with full force to
the FLSA wage claim. So, it is impermissible. That said, the Agreement has a severability clause
at paragraph 11, and the Court, at a hearing dated March 11, 2026, confirmed with the parties the
existence of the severability clause. Doc 43 at 16. Thus, the Court will strike the confidentiality
clause and approve the remaining Agreement, as the Court finds that the FLSA wage claims
settlement is fair and reasonable and that the other remaining terms of the Agreement do not affect
the fairness and reasonableness of the FLSA wage claims settlement.
The Court further finds that the agreed-upon fee and costs to be paid to Plaintiffs’ counsel
was determined independently, did not affect the payment to Plaintiffs, and otherwise appears to
be reasonable. See Bonetti v. Embarq Mgmt. Co., Case No. 06:07-CV-1335, 2009 WL 2371407
(M.D. Fla. Aug. 4, 2009).
It is, therefore ORDERED that
1. The Motion (Doc. 43) is GRANTED in part;
2. The confidentiality clause in the Agreement (Doc. 43 at 14, paragraph 6) is STRIKEN;
3. The remainder of the Agreement (Doc. 43) is a fair and reasonable settlement of
Plaintiff’s wage claim under the FLSA;
4. The Motion (Doc. 43) is DENIED in all other respects;'
5. The case is DISMISSED with prejudice;” and
6. The Clerk is directed to close the case.
ORDERED in Orlando, Florida on March 11, 2026.
DANIEL C_ IRICK
UNITED STATES MAGISTRATE JUDGE
' In the “Wherefore” section of the Motion, the parties request an order “holding that this Court
has jurisdiction to enforce the terms of the settlement agreement.” However, the parties provide
no basis in the Motion for the request. The Court regularly declines to enter orders retaining
Jurisdiction to enforce settlement agreements, and does so here.
2 The parties do not specifically request dismissal in the Motion, though the Agreement
contemplates dismissal with prejudice and the Court invariably dismisses FLSA cases with
prejudice in conjunction with the approval of the settlement. Doc. 43 at 14, paragraph 7(a). If this
is not the parties’ intention, then within 14 days they may file a short motion and clarify the relief
sought with regards to dismissal. The Court would then promptly address the matter via hearing—
there is no need to meet the normal standard for reconsideration of an order.
Finally, the Court recognizes that this case was filed as a collective action, but this settlement
applies only to the named Plaintiff, and no other plaintiff has opted in to this action. Of course,
this Order—and the dismissal with prejudice—applies only to the named Plaintiff, and not to any
member of the proposed collective.
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