Zambrano v. Jermyn Contracting Corp.
- Cathy Seibel
- 7:22-cv-03131
- U.S. District Court · Southern District of New York
- 2
In Zambrano v. Jermyn Contracting Corp., Judge Seibel entered a $175,555.37 judgment for unpaid overtime and related damages after defendants’ default.
Francisco Zambrano and Jamie Huayllasaca, who were awarded damages, fees, and costs, and the named defendants, who were held jointly and severally responsible for the judgment.
What happened
In Zambrano v. Jermyn Contracting Corp., Francisco Zambrano and Jamie Huayllasaca sought damages under the Fair Labor Standards Act and New York Labor Law. The court considered damages after the defendants’ default.
A magistrate judge recommended the damages award. Because no party objected, the court reviewed the recommendation for clear error and found none.
Judge Seibel adopted the recommendation and directed entry of a $175,555.37 judgment against the defendants jointly and severally. The award included unpaid overtime, liquidated damages, prejudgment interest, wage-statement damages, attorney’s fees, and costs, with a possible 15% increase if specified amounts remain unpaid after the applicable 90-day period.
The detailed version
- Zambrano v. Jermyn Contracting Corp. · No. 7:22-cv-03131
- Cathy Seibel
- Sept. 26, 2023
Background
The court considered a Report and Recommendation from Magistrate Judge Judith C. McCarthy concerning damages owed to the plaintiffs after the defendants’ default. The claims arose under the Fair Labor Standards Act, a federal wage law, and the New York Labor Law.
No objections were filed. Judge Seibel therefore reviewed the recommendation for clear error, meaning an obvious mistake, and found no error. She adopted the recommendation as the court’s decision.
Ruling and Judgment
The Clerk of Court was directed to enter judgment against the defendants jointly and severally for a total of $175,555.37 and then close the case. The components were:
- $23,280.00 in unpaid overtime to Zambrano; - $39,600.00 in unpaid overtime to Huayllacasa; - $23,280.00 in liquidated damages to Zambrano; - $39,600.00 in liquidated damages to Huayllacasa; - $8,013.04 in prejudgment interest to Zambrano; - $18,085.28 in prejudgment interest to Huayllacasa; - $10,000.00 in statutory damages for wage-statement violations to Zambrano; - $5,000.00 in statutory damages for wage-statement violations to Huayllacasa; - $7,441.00 in attorney’s fees; and - $1,256.05 in costs.
The judgment would automatically increase by 15% if any amount remained unpaid after 90 days following issuance of judgment, or after 90 days following expiration of the appeal period if no appeal was pending, whichever was later. The order directed the Clerk to enter judgment and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.