Summary
finding liability against an individual defendant in a default motion, where the complaint alleged that the defendant "participated in the day-to-day operations of the Restaurant, making all business decisions, including the amount of salary the employees were to receive and the number of hours they were to work"
Summary of this case from Yu Peng Lu v. Nisen Sushi of Commack, LLCOpinion
17-CV-3316 (PKC) (CLP)
02-28-2018
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.
MEMORANDUM & ORDER :
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
See Dkt. 23 at 28 for the Report's calculation.
| Period | HourlyWageRate Paid | OvertimeWage Rate | Hours ofOvertime PerWeek | Number ofWeeks inPeriod | OvertimeOwed forthe 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
See id. at 29 for the Report's calculation.
| Period | NYLL Min.Wage | No. of DaysWorked Over10 Hours | No. of Weeksin Period | Total SOHOwed forPeriod |
|---|---|---|---|---|
| 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 HoursPay Owed: | $3,735.82 |
Modified Total Damages Owed to Plaintiff
See id. at 44 for the Report's calculation. --------
| 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 StatementDamages | $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 respectfully requested to enter judgment and close the case accordingly.
SO ORDERED.
/s/ Pamela K . Chen
Pamela K. Chen
United States District Judge Dated: February 28, 2018
Brooklyn, New York