Summary
adopting report and recommendation and noting that "[t]he FLSA requires employers to pay their employees the statutory minimum wage as well as a premium (150 percent of the statutory minimum wage) for hours worked above 40 hours per week"
Summary of this case from Cocoletzi v. Fat Sal's Pizza II, Corp.Opinion
07 CV 1236 (DLI) (JO).
March 31, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
It appears that no objections have been filed to the Report and Recommendation of the Honorable James Orenstein, U.S.M.J., dated March 7, 2008; and
On March 28, 2007, the plaintiff served a copy of the Report and Recommendation on the defendant by United States Postal Service certified mail, return receipt requested, on March 7, 2008. See Loncarevic Affidavit of Service. On March 27, 2008 the mailing was returned to the plaintiff from the Postal Service, with markings indicating that the mailing could not be delivered. See Letter from Pl.'s Counsel, Mar. 28, 2007.
Upon due consideration, the Report and Recommendation is hereby adopted in full. Accordingly, it is hereby
ORDERED that default judgment be entered against An J. Kim in the amount of $3,027.25, comprised of $1,600.00 in unpaid regular wages, $330.54 in unpaid overtime premiums, $18.00 in "spread of hours" damages, $487.14 in liquidated damages (under state law only), and $591.57 in prejudgment interest. No attorneys' fees or other litigation costs shall be awarded. It is further hereby
ORDERED that service of a copy of this Order on An J. Kim shall be made by the plaintiff within five (5) days of the date of this Order, and proof thereof shall be filed with the court via ECF immediately thereafter.