However, a plaintiff still bears the burden of establishing that he is entitled to recovery. Fermin v. Las Delicias Peruanas Rest, Inc., 93 F.Supp.3d 19, 29 (E.D.N.Y. 2015) (collecting cases). Despite entry of default, a defendant does not admit to any legal conclusions in the complaint.

The FLSA and NYLL's minimum wage, overtime pay, and other employment standard provisions “apply only to employees of covered employers.” Cabrera v. Canela, 412 F.Supp.3d 167, 178 (E.D.N.Y. 2019); see also Fermin v. Las Delicias Peruanas Rest., Inc., 93 F.Supp.3d 19, 31-32 (E.D.N.Y. 2015) (“To establish a claim under the FLSA for minimum wage or overtime compensation, a plaintiff must show that he or she is an ‘employee' of the defendant within the meaning of the FLSA[.]”).

Here, Tropical Restaurant, despite being aware of this litigation, has not attempted to obtain another attorney to appear on its behalf or to vacate the entry of default against it. See, e.g., Fermin v. Las Delicias Peruanas Rest., 93 F.Supp.3d 19, 32 (E.D.N.Y. 2015). Under these circumstances, the Court finds that Tropical Restaurant's conduct demonstrates willfulness.

“[A] court may rely on ‘detailed affidavits and documentary evidence,' in addition to the plaintiff's complaint,” to determine damages in a default judgment. Fermin v. Las Delicias Peruanas Rest., Inc., 93 F.Supp.3d 19, at *29 (E.D.N.Y. 2015) (citation omitted.) Plaintiffs' affirmations are “presumed to be correct in the absence of any rebuttal evidence proffered by Defendants.”

However, a plaintiff still bears the burden of establishing that they are entitled to recovery. Fermin v. Las Delicias Peruanas Rest., Inc., 93 F.Supp.3d 19, 29 (E.D.N.Y. 2015) (collecting cases). Despite entry of default, a defendant does not admit to any legal conclusions in the complaint.

The individual coverage test considers the “employment actions of each” plaintiff to determine whether “the employees themselves are ‘engaged in commerce.'” Id. Even if the plaintiffs are not themselves engaged in commerce, a defendant may meet the enterprise coverage test if the defendant has employees engaged in commerce or in the production of goods for commerce, “or . . . has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person; and . . . whose annual gross volume of sales made or business done is not less than $500,000.” 29 U.S.C. § 203(s)(1)(A)(i-ii); see also Fermin v. Las Delicias Peruanas Rest., Inc., 93 F.Supp.3d 19, 33 (E.D.N.Y. 2015). “Commerce” is “trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.” 29 U.S.C. § 203(b). Even local activities may meet this test if “an enterprise employs workers who handle goods or materials that have moved or been produced in interstate commerce ” Rodriguez v. Almighty Cleaning, Inc., 784 F.Supp.2d 114, 121 (E.D.N.Y. 2011)

Where there are discrepancies between factual allegations in the Amended Complaint and the signed declarations and affidavits of Plaintiffs, the undersigned has relied on the facts in the affidavits and declarations to resolve liability and calculate damages. See, e.g., Chen v. Oceanica Chinese Rest., Inc., No. 13-CV-4623 (NGG) (PK), 2023 WL 2583856, at *2 (E.D.N.Y. Mar. 21, 2023) (crediting factual allegations in plaintiffs' affirmations over allegations in second amended complaint); Fermin v. Las Delicias Peruanas Rest., Inc., 93 F. Supp. 3d 19, 29 (E.D.N.Y. 2015) ("A court may rely on detailed affidavits and documentary evidence, in addition to the plaintiff's complaint, to determine the sufficiency of a default judgment claim." (cleaned up)).

Where there are discrepancies between factual allegations in the Amended Complaint and the signed declarations and affidavits of Plaintiffs, the undersigned has relied on the facts in the affidavits and declarations to resolve liability and calculate damages. See, e.g., Chen v. Oceanica Chinese Rest., Inc., No. 13-CV-4623 (NGG) (PK), 2023 WL 2583856, at *2 (E.D.N.Y. Mar. 21, 2023) (crediting factual allegations in plaintiffs' affirmations over allegations in second amended complaint); Fermin v. Las Delicias Peruanas Rest., Inc., 93 F.Supp.3d 19, 29 (E.D.N.Y. 2015) (“A court may rely on detailed affidavits and documentary evidence, in addition to the plaintiff's complaint, to determine the sufficiency of a default judgment claim.”

Where there are discrepancies between factual allegations in the Amended Complaint and the signed declarations and affidavits of Plaintiffs, the undersigned has relied on the facts in the affidavits and declarations to resolve liability and calculate damages. See, e.g., Chen v. Oceanica Chinese Rest., Inc., No. 13-CV-4623 (NGG) (PK), 2023 WL 2583856, at *2 (E.D.N.Y. Mar. 21, 2023) (crediting factual allegations in plaintiffs' affirmations over allegations in second amended complaint); Fermin v. Las Delicias Peruanas Rest., Inc., 93 F.Supp.3d 19, 29 (E.D.N.Y. 2015) (“A court may rely on detailed affidavits and documentary evidence, in addition to the plaintiff's complaint, to determine the sufficiency of a default judgment claim.”

Pursuant to the enterprise coverage test, a defendant is an employer if it “has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person and . . . has an annual gross volume of sales made or business done not less than $500,000.” Fermin v. Las Delicias Peruanas Rest., Inc., 93 F.Supp.3d 19, 33 (E.D.N.Y. 2015) (cleaned up). Commerce means “trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.” 29 U.S.C. § 203(b).