Garzon v. Building Services Inc.

Background

Dora E. Garzon sued Building Services Inc., Michael A. Gomez, and Guadalupe Castillo under the Fair Labor Standards Act, New York Labor Law, and New York’s Wage Theft Prevention Act. She sought unpaid minimum and overtime wages and related relief. Garzon alleged that she worked for the defendants from December 30, 2021, through June 7, 2024; generally worked 50 to 80 hours per week; was paid $15 per hour at first and $16 per hour thereafter; and was not paid for all hours worked. She also alleged that she received no wages for eight weeks and that three checks were returned for insufficient funds.

The Default-Judgment Request

Judge Jennifer L. Rochon referred the case to Magistrate Judge Robyn F. Tarnofsky for a report and recommendation on Garzon’s motion for default judgment and for an inquiry into damages. Garzon submitted a legal memorandum, her affidavit, her attorney’s declaration, and a damages chart.

The court found that the submissions lacked information needed to calculate damages with reasonable certainty. In particular, the damages chart used 65 hours of work for every week, while the complaint alleged a broader range of 50 to 80 hours per week. The submissions also stated that Garzon had been paid for 15 days but did not identify the amounts paid.

Order

The court ordered Garzon to file a supplemental submission by May 16, 2025. The submission must explain the basis for claiming 65 hours per week throughout her employment and explain what she meant by saying that she was paid for 15 days. If she relies on estimates, she must explain their basis in a supplemental affidavit.

Before filing, Garzon must mail the supplemental submission to the defendants and file proof that she did so. The order requires additional information but does not rule on whether default judgment will be entered or determine the amount of damages.