Belliard v. Tarnovsky

Background

Ramon A. Belliard brought claims against Vadim Tarnovsky and Olya Plotnikova for unpaid wages under the Fair Labor Standards Act and the New York Labor Law. On October 17, 2022, the court entered a default judgment against both Defendants, meaning judgment was entered after they failed to defend the case. The court then referred the matter to Magistrate Judge Katherine H. Parker to determine damages, attorneys’ fees, costs, and interest.

Magistrate Judge’s Report

After conducting a damages hearing and review, Magistrate Judge Parker recommended that the court award Belliard $8,305.84 for unpaid overtime compensation, 9% pre-judgment interest on that amount, $8,305.84 in liquidated damages, $5,480 in attorneys’ fees, $400 in costs, and post-judgment interest. She recommended denying Belliard’s request for statutory damages under New York’s Wage Theft Prevention Act and New York Labor Law § 195 because he had not properly pleaded standing for those claims. The parties filed no objections, so the district court reviewed the unchallenged recommendations for clear error.

Ruling

Judge George B. Daniels found no error in the Report and Recommendation and adopted its recommended judgment in full. The court ordered Defendants to pay Belliard: (1) $8,305.84 for unpaid overtime compensation and 9% pre-judgment interest on that amount; (2) $8,305.84 in liquidated damages; (3) $5,480 in attorneys’ fees; (4) $400 in costs; and (5) post-judgment interest calculated under the federal statutory rate from the date judgment is entered until payment. The court directed the Clerk of Court to enter judgment and close the action.