United States District Court, S.D. New York
P. GRIESA, U.S. DISTRICT JUDGE
Lissa Morales, Danny Jimenez-Corcione, and Thomas R. Martinez
commenced this action on August 11, 2015 against defendants
MW Bronx, Inc., et al., alleging, among other things, that
defendants were in violation of the Fair Labor Standards Act,
29 U.S.C. § 201 et seq. ("FLSA") and
the New York Labor Law, NYLL § 650 et seq.
("NYLL"). Specifically, plaintiffs seek to recover
unpaid minimum wages, overtime premium wages, liquidated
damages, and statutory penalties pursuant to the FLSA and
March 1, 2016, plaintiffs filed a motion for default judgment
because defendants failed to answer or otherwise appear in
this case. The Court issued an opinion on August 1, 2016,
which ruled, among other things, that: (1) plaintiff
Jimenez-Corcione is owed unpaid minimum wages, overtime
wages, spread-of-hours pay, liquidated damages, and pre- and
post-judgment interest; (2) Jiminez-Corcione is owed
attorney's fees and costs; and (3) that all plaintiffs
are owed damages for defendants' failure to provide
regular wage statements and annual wage notices as required
by the NYLL. ECF No. 35 at 32. The Court i however reserved
judgment on whether plaintiffs Martinez and Morales were
entitled to recover under the FLSA and NYLL until after they
filed supplemental affidavits to cure a number of factual
defects in their original Motion papers.
Martinez and Morales filed supplemental affidavits on August
22, 2016 pursuant to the Court's August 1, 2016 opinion.
After reviewing these corrective filings, the Court, for the
reasons discussed further below, GRANTS plaintiffs Martinez
and Morales request for default judgment.
Court assumes familiarity with the basic facts of this case,
which were discussed more fully in the Court's August 1,
2016 opinion. The Court focuses here on the relevant facts
supplied by Martinez's and Morales' supplemental
Martinez began working at a Master Wok restaurant in the
Bronx on December 5, 2014. He alleges that he was promised an
hourly wage of $8.50 but was instead paid $8.25 per hour.
During his first week of work at Master Wok, Martinez worked
40 regular hours and 16 overtime hours - 56 hours in total.
In his second week of work, Martinez again worked 40 regular
hours and 16 overtime hours. In his final time at Master Wok,
Martinez worked 32 regular hours. In all, Martinez worked
eighteen days during the period beginning December 5, 2014 to
December 22, 2014 and a total of 144 hours, of which 112 were
regular hours and 32 were overtime hours.
Wok paid Martinez for 56.5 hours of work at his regular wage,
which amounted to $466.13. Master Wok did not pay Martinez
for the remaining 55.5 hours of regular time or the 32 hours
Morales began working at Master Wok on December 11, 2014.
Like her co-plaintiff Martinez, Morales alleges that she was
promised an hourly wage of $8.50 but was paid at a rate of
$8.25 per hour. During Morales' first week of work, she
worked a total of 62.5 hours, which amounts to 40 hours of
regular time and 22.5 hours of overtime. In her second week,
Morales worked 74 hours, or 40 hours of regular time and 34
hours of overtime. In all, Morales worked 14 days during the
period beginning December 11, 2014 to December 24, 2014.
Morales worked a total of 136.5 hours, of which 80 were
regular hours and 56.5 were overtime hours.
Wok compensated Morales for 80 hours of regular wages and
2.75 hours of overtime wages. Master Wok did not pay Morales
for the remaining 53.75 hours of overtime wages.
light of the Court's August 1, 2016 opinion, the only
questions remaining in this case are whether and to what
extent plaintiffs Morales and Martinez are entitled to
damages and attorney's fees and costs under the FLSA and
Liability Under the FLSA
have moved for default judgment on two FLSA claims: (1)
failure to pay the applicable minimum wage and (2) failure to
pay overtime premium wages. An employer is subject to
liability under the FLSA if it is an "enterprise engaged
in commerce." 29 U.S.C. §§ 206(b), 207(a). The
Court already ruled in its August 1, ...