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Piedra v. Ecua Restaurant Inc.

United States District Court, E.D. New York

February 28, 2018

CARLOS PIEDRA, individually and on behalf of all other employees similarly situated, Plaintiffs,
v.
ECUA RESTAURANT, INC. d/b/a “La Bamba Restaurant, ” BLANCA O GUALLPA, a/k/a “Blanca Chauca, ” LOUIS PEREZ, and DAVID SIGCHA, Respondents. Claim Amount Owed to Plaintiff Piedra Total

          MEMORANDUM & ORDER

          PAMELA K. CHEN, United States District Judge.

         On January 31, 2018, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation (Dkt. 23), in which she recommended that Plaintiff be awarded a total of $140, 122.63 in damages (id. at 44). This Court respectfully modifies the exceedingly thorough Report and Recommendation (“Report”) and awards Plaintiff a total of $242, 303.89 in damages.

         STANDARD OF REVIEW

         A court may accept, reject, or modify, in whole or in part, the findings or recommendations made by a magistrate judge. See Fed. R. Civ. P. 72(b)(3); Grassia v. Scully, 892 F.2d 16, 19 (2d Cir. 1989). A court may accept those portions of a report to which no specific, written objection is made, as long as the factual and legal bases supporting the findings are not clearly erroneous. See Ramirez v. United States, 898 F.Supp.2d 659, 663 (S.D.N.Y. 2012). No objections have been filed in this case.

         DISCUSSION

         The Court modifies the Report as follows:

         Table 1: Piedra's Modified Overtime Wages[1]

Period

Hourly Wage Rate Paid

Overtime Wage Rate

Hours of Overtime Per Week

Number of Weeks in Period

Overtime Owed for the Period

11/9/15-5/9/16

$20.00

$30.00

48

26

$37,440.00

5/10/16-1/31/17

$22.50

$33.75

48

38

$61,560.00

2/1/17-5/9/17

$13.00

$19.50

18

14

$4,641.00


Total Overtime Owed:

$103,641.00

         Table 2a: Piedra's Modified Spread of Hours Wages[2]

Period

NYLL Min. Wage

No. of Days Worked Over 10 Hours

No. of Weeks in Period

Total SOH Owed for Period

11/9/15-12/30/15

$8.75

6

7.4

$388.50

12/31/15-12/30/16

$9.00

6

52

$2,808.00

12/31/16-1/31/17

$9.70

6

4.6

$267.72

2/1/17-5/9/17

$9.70

2

14

$271.60



Total Spread of Hours Pay Owed:

$3,735.82

         Modified Total Damages Owed to Plaintiff[3]

Claim
Amount Owed to Plaintiff Piedra
Unpaid Overtime

$103, 641.00

Unpaid Spread of Hours

$3, 735.82

Wage Notice Damages

$5, 000.00

Wage Statement Damages

$5, 000.00

Liquidated Damages

$107, 376.82

Pre-Judgment Interest

$14, 350.25

Attorney's Fees

$2, 800.00

Costs

$400.00

Total

$242, 303.89

         CONCLUSION

         The Court has reviewed the Report and adopts the Recommendations with the exception of the modifications described above. Accordingly, it is hereby ORDERED that Plaintiff is awarded $242, 303.89 in damages. The Clerk of Court is ...


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