Herrera Lopez v. Metrowireless 167 Inc.

Background

Jommeilyn Herrera Lopez and Leonor Hernandez sued Metrowireless 167 Inc. and Abdul Asif under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). They alleged that they worked substantially more than 40 hours per week but were never paid overtime. They also alleged that the defendants did not provide required written wage notices or pay statements.

Herrera Lopez alleged that she worked approximately 70 hours per week in 2016 and approximately 60 hours per week from 2017 through July 2018. She claimed $13,347.50 in unpaid overtime wages. Hernandez alleged that she worked approximately 70 hours per week from November 2015 through April 2018 and claimed $20,002.50 in unpaid overtime wages. The opinion notes that Hernandez’s complaint was inconsistent because it also described a schedule totaling 60 hours per week, but her affidavit used the 70-hour estimate, which the court accepted for purposes of the judgment.

Both defendants were served but did not answer or otherwise appear. Certificates of default were filed, and the plaintiffs moved for a default judgment under Federal Rule of Civil Procedure 55(b).

Liability

The court explained that a default admits well-pleaded factual allegations establishing liability, but it does not automatically admit legal conclusions. The court therefore considered whether the allegations provided a legal basis for recovery.

For the FLSA claims, the court found that the plaintiffs adequately alleged that they were employees, that the defendants’ business was engaged in interstate commerce and had gross revenues exceeding $500,000, and that the plaintiffs worked more than 40 hours per week without receiving overtime pay. The court also found that the allegations established liability under the NYLL for unpaid overtime and for failing to provide wage notices and pay statements.

The court applied the FLSA’s three-year limitations period for alleged willful violations and the NYLL’s six-year limitations period. It noted that some of Hernandez’s claims accrued before the FLSA limitations period but remained potentially recoverable under the NYLL.

Damages and Fees

The court awarded Herrera Lopez $13,347.50 in unpaid overtime wages and an equal amount in liquidated damages under either the FLSA or the NYLL. It also awarded her $5,000 for failure to provide a wage notice and $5,000 for failure to provide pay statements, for total damages of $36,695.

The court awarded Hernandez $20,002.50 in unpaid overtime wages and an equal amount in liquidated damages under the NYLL because that statute provided the greater recovery in light of the FLSA limitations period. It also awarded her $5,000 for failure to provide a wage notice and $5,000 for failure to provide pay statements, for total damages of $50,005.

The court awarded prejudgment interest at 9 percent per year on Herrera Lopez’s $13,347.50 in actual damages from July 6, 2017, and on Hernandez’s $20,002.50 in actual damages from January 17, 2017, through the date of judgment. It also awarded $1,995 in attorney’s fees and $500 in costs.

Ruling

Judge J. Paul Oetken granted the plaintiffs’ motion for default judgment. The court directed the Clerk to enter judgment in favor of the plaintiffs and against both defendants jointly and severally, close the motion and the case, and directed the plaintiffs to mail the opinion and order to the defaulting defendants.