White v. Iris Nova Ltd.

Background

On July 11, 2023, the Court granted Alonia White a default judgment—a judgment entered after defendants failed to participate—against Iris Nova Ltd., Dirty Lemon Beverages, LLC, and Zak Normandin on Causes of Action One through Six. Those claims alleged unpaid minimum wages and overtime under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), unpaid regular wages under the NYLL, and failure to pay wages on a regular payday under the NYLL. The Court dismissed Causes of Action Seven and Eight without prejudice and directed White to submit a revised calculation of damages.

White claimed $20,860 in unpaid regular and overtime wages, $20,860 in NYLL liquidated damages, $3,754 in prejudgment interest, $18,480 in attorney’s fees, and $581 in costs. The defendants did not appear or provide records showing the hours White worked or the wages they paid. White submitted a sworn declaration and an attached table describing her hours, wage rates, and unpaid amounts.

Damages for Wages

The Court determined that White was entitled under the NYLL to recover her regular rate of pay for unpaid wages and one-and-one-half times her regular hourly wage for overtime worked beyond forty hours in a workweek. Her table stated that she received no regular wages from the week beginning May 17, 2021, through the week beginning November 29, 2021. It also stated that she was not paid overtime for seven weeks between April 5, 2021, and the week beginning November 15, 2021.

The table listed hourly rates of $16 from at least the week beginning April 5, 2021, through the week beginning October 4, 2021; $30 from the week beginning October 4, 2021, through the week beginning November 8, 2021; and $20 from the week beginning November 15, 2021, through the week beginning November 29, 2021. After reviewing White’s declaration, the table, and a supplemental declaration from her counsel, the Court awarded $20,860 in unpaid regular wages and overtime.

Liquidated Damages and Interest

The NYLL provides for liquidated damages equal to 100 percent of unpaid wages unless the employer proves a good-faith basis for believing that its payment practices complied with the law. Because the defendants did not appear, they did not prove such a basis. The Court therefore awarded $20,860 in NYLL liquidated damages. The Court addressed liquidated damages under the NYLL because a plaintiff may not recover liquidated damages under both the FLSA and the NYLL, and the NYLL provided greater relief in this case.

The Court also awarded prejudgment interest under the NYLL. Using a nine-percent annual rate and an approximate midpoint date of August 4, 2021, between the beginning and end of the wage violations, the Court calculated approximately twenty-four months of interest. It awarded $3,754.80 in prejudgment interest.

Attorney’s Fees, Costs, and Disposition

The Court approved White’s request for $18,480 in attorney’s fees, based on 46.2 hours billed at $400 per hour. The Court had previously found the hourly rate reasonable and found the hours reasonable in light of the work required, including efforts to serve Normandin and additional briefing. The Court also approved $581 in costs for filing, service, and overnight mailing expenses.

Judge John P. Cronan ordered judgment for Alonia White in the total amount of $64,535.80, consisting of $20,860 in unpaid wages, $20,860 in liquidated damages, $3,754.80 in prejudgment interest, $18,480 in attorney’s fees, and $581 in costs. The Court directed the clerk to enter judgment and close the case.