PHILADELPHIA — Upon reaching a settlement agreement with her employer, a woman was awarded $8,500 after a judge deemed the agreement appropriate on Feb. 11.
Wenonah Carney had filed a lawsuit against Travelers Aid Society of Philadelphia for allegedly violating the Fair Labor Standards Act (FLSA) by denying overtime compensation on Aug 8.
After the lawsuit was filed, Carney and Travelers reached a settlement agreement, which was recently amended on Jan 21. The only change to the agreement was in the confidentiality clause, which now states that Carney may not talk about this lawsuit to the media.
The agreement also forbids Carney from disparaging her employer orally or in writing.
The recently approved agreement requires Travelers to pay $8,500 in three payments. The first payment is a check to Carney for $2,559.13 based on her claim for unpaid wages, the second payment is another check of the same amount based on her claim for liquidated damages, and the final payment is a check to Carney's counsel for $3,381.74.
Judge Michael Baylson in the District Court for the Eastern District of Pennsylvania approved the settlement because it met three criteria. First, Baylson found the dispute is genuine under FLSA. Secondly, Baylson found the settlement is reasonable and fair to Carney because she claimed she was entitled to $2,184.25 in unpaid overtime.
Finally, Baylson found the agreement did not frustrate the purposes of the FLSA because the confidentiality clause does not forbid Carney from talking about the lawsuit to other employees; it only forbids her from talking to the media about it.
District Court for the Eastern District of Pennsylvania Case number 19-3599