CONFIDENTIAL FLSA SETTLEMENT AGREEMENT THIS ...

attorney, David Sacks, within thirty (30) calendar days from the date the Court approves this
FLSA Settlement Agreement. The County also agrees to pay to Silva’s attorney, David B.
Sacks, the total amount of three thousand five hundred dollars ($3,500.00). Together, the total
payments to Silva and his attorney under this Agreement total $8,500.00 minus legally required
payroll deductions, and will be paid in full settlement of the Lawsuit.
B. Settlement in Full. Silva acknowledges that this is valid consideration for his
agreement to the provisions herein. Silva further acknowledges that he is accepting this amount
as full payment for all hours he worked for the County and in full payment for any additional
damages or remedies for which he may collect (including attorneys’ fees and costs) if he
prevailed in an action under the Fair Labor Standards Act of 1938, as amended, and no additional
amounts for unpaid wages, or any other remedies recoverable under the Fair Labor Standards
Act of 1938 are owed by the Released Parties to Silva. Silva agrees he is solely responsible for
all employee owed tax payments which may exceed the amount withheld by the County, and
agrees to indemnify the County for any liability therefore, and for any interest and penalties that
become due for the County’s agreement not to withhold any additional taxes from these amounts
or for any other reason.
III.
herein:
Obligations of Silva. In consideration of the County’s agreement to the terms
A. Along with the parties’ Motion for Approval of FLSA Settlement Agreement,
Silva will immediately execute a Joint Stipulation for Dismissal With Prejudice of the Lawsuit to
be filed with the Court.
B. Except as required by a court of competent jurisdiction under subpoena, Silva
shall refrain from expressing to any person or organization (including but not limited to, present
and former: commissioners, board members, employees, suppliers, or vendors of the County,
other members of the public or any other individual or entity), any statements or opinions
concerning whether or not the County violated the Fair Labor Standards Act with respect to him,
whether the County was legally required to pay Silva overtime, whether Silva was exempt from
the Fair Labor Standards Act or that the County has in any way violated any law.
III.
Miscellaneous Provisions
A. Non-Admission of Liability. Neither this FLSA Settlement Agreement, nor
anything contained herein, is to be construed as an admission by the County that Silva is not
exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act of
1938, as amended, or an admission that the County has engaged in any wrongdoing or unlawful
conduct whatsoever. The County denies that it has engaged in any wrongdoing or unlawful
conduct whatsoever.
B. Entire Agreement; Modification. The parties agree that this FLSA Settlement
Agreement constitutes the entire agreement between the parties regarding Silva’s FLSA claims
and overrides and replaces all prior negotiations and terms proposed or discussed, whether in
writing or orally, about the subject matter hereof. No modification of this FLSA Settlement
(Please initial)
Silva
County Representative
2201478.1
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