The following numbered papers were used on this motion: NYSCEF Document Numbers 17-40.1 DECISION AND ORDER DECISION Introduction Plaintiffs Ruben Avilez, Buddy David, Jackson Ochoa, Stephanie Snyder, and Romina Morales Inostroza, and the class (“Plaintiffs”) have interposed a motion for Certification of the Settlement Class, Final Approval of the Class Action Settlement, Approval of the Fair Labor Standards Act (“FLSA”) Settlement, appointment of class representatives and approval of service awards, appointment of The Law Offices of Jeffrey E. Goldman as class counsel, approval of claims administrator’s fees, and approval of attorneys’ fees and costs (“Plaintiff’s Motion for Final Approval”) (see NYSCEF Doc No. 29, Notice of Motion). In particular, Plaintiffs are moving for an Order: (1) Granting final approval of the Settlement Agreement and Release attached as Exhibit 1 to the affirmation of Jeffrey E. Goldman, Esq.; (2) For settlement purposes, certifying the settlement class pursuant to CPLR 908; and (3) Approving payments pursuant to the Settlement Agreement. (See id.) The motion is unopposed. The Parties entered into a settlement totaling a maximum of no more than $500,000.00 on or about August 31, 2023 in a Class Action Settlement Agreement and Release (the “Settlement Agreement”) (see NYSCEF Doc No. 19). On September 19, 2023, Plaintiffs filed a Motion for Preliminary Approval of Class and Collective Action Settlement, Claims Administrator’s Fees, Service Awards, and Attorney’s Fees and Expenses (see NYSCEF Doc No. 17). The motion was unopposed, and Defendants took no position with respect to the requests for attorneys’ fees, costs or service payments On November 1, 2023, this Court entered an Order preliminarily approving the settlement on behalf of the class set forth therein (the “Class” or the “Class Members”), conditionally certifying the settlement class, appointing the Law Offices of Jeffrey E. Goldman as class counsel, appointing Rubin Avilez, Buddy David, Jackson Ochoa, Stephanie Snyder, and Romina Morales Inostroza, as class representatives, authorizing the parties to retain Martom Solutions, LLC as Settlement Administrator, and authorizing notice to all Class Members (the “Preliminary Approval Order”) (see NYSCEF, Doc No. 28). The Nature of Plaintiffs’ Claims Plaintiffs are former tipped employees who worked as servers, bussers, runners, bartenders and barbacks at Defendants’ restaurant, Pazza Notte (“Pazza Notte”) (see NYSCEF Doc No. 31 7). On September 12, 2023, the five individually named Plaintiffs filed the present lawsuit alleging that Defendants violated the FLSA and New York Labor Law by purportedly: (1) Unlawfully paying Plaintiffs less than the minimum wage for each hour worked; (2) Failing to pay tipped employees the appropriate overtime premium for all hours worked in excess of forty hours per workweek; and (3) Operating an unlawful tip pool, illegally retaining portions of Plaintiffs’ tips, and failing to pay Plaintiffs’ tips they were owed under the New York Labor Law. (See id.
