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Saavedra v. Mrs. Bloom's Direct Inc.

Immigration Status Not Basis to Disregard Settlement, FLSA Unpaid Overtime Award

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OPINION AND ORDER   This case settled on December 5, 2017 for $25,000, with the settlement agreement and the Court’s approval of the settlement placed on the record by my predecessor, the Honorable Andrew J. Peck.1 (ECF 54). Despite the apparent final resolution of the matter, Defendants Mrs. Bloom’s Direct, Inc., Mrs. Bloom’s Mobile LLC, Oren Shapiro, and Maybelly Gamineo (“Defendants”) have refused to comply with the settlement agreement or the Court’s subsequent judgment enforcing the agreement. Instead, Defendants point to Plaintiff’s alleged immigration status and argue that Defendants should not be required to “reward” Plaintiff by paying her unpaid overtime wages. (ECF 110 at 6, 11). Defendants now bring a motion to stay execution of the judgment, ECF 96, and a motion to set aside the judgment pursuant to Federal Rule of Civil Procedure 60(b), ECF 109. For the reasons discussed below, the Court DENIES both motions in their entirety.2 I. Background Plaintiff Monica Luna Saavedra (“Plaintiff”) worked as a flower cutter and delivery worker at Defendants’ flower shops from March 2015 through March 2017. Complaint (“Compl.”) (ECF 1)

37, 39. Plaintiff brought this suit on March 26, 2017 against Defendants alleging, inter alia, violations of the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) for failure to provide overtime compensation. Compl. 10. Plaintiff alleged that throughout the duration of her employment, she worked from 50-70 hours per week but was never paid the time and a half for overtime hours as required by the FLSA and NYLL. Compl.

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