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Date: 02-10-2023

Case Style:

Francisco Javier Martinez v. Back Bone Bullies, Ltd.

Case Number: 1:21-cv-01245

Judge: Michael E. Hegarty

Court: United States District Court for the District of Colorado (Denver County)

Plaintiff's Attorney:








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Defendant's Attorney: Michaela Sarah Waisman and Joshua Darwin Brown

Description: Denver, Colorado employment law lawyer represented Plaintiff, who sued Defendant on a Fair Labor Standards Act violation theory.





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Plaintiff brought two claims: (1) a claim for violation of the Fair Labor Standards Act of 1938 (“FLSA”); and (2) a state law claim for theft of wages.

Defendant asserted a prior settlement between the parties should be enforced and Plaintiff's claims dismissed.

Outcome: Based on the varied caselaw, the Court also finds there is substantial ground for difference of opinion on the issue of whether private FLSA settlements require court approval to be enforceable. There is no controlling authority in this Circuit as to that question. Id. at *3. As the Court described in the March 15, 2022 Order, there is even a circuit split. “The existence of a split between the federal courts [on this issue] . . . supports a conclusion that there are substantial grounds for difference of opinion in this area.” Hart, 2010 WL 2635449, at *2. Furthermore, to the extent the Tenth Circuit agrees that court approval is not required for bona fide disputes, there are differing opinions on the exact contours of a bona fide dispute. See March 15, 2022 Order, ECF 35 at 24. For these reasons, the Court concludes that the second factor is also met.

Plaintiff's Experts:

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