Cortes Herrera v. Mitch O'Hara LLC
257 F. Supp. 3d 37
| D.D.C. | 2017Background
- Four employees (Gabriel Cortes Herrera, Neftali G. Martinez, Ubaldo O. Vivar Martinez, Juan De Dios Martinez Herrera) sued Mitch O’Hara LLC and owner-operator Tyra Hargis for unpaid wages and unpaid/underpaid overtime under the FLSA, D.C. Minimum Wage Act (DCMWA), and D.C. Wage Payment and Collection Law (DCWPCL).
- Plaintiffs allege they worked in early 2016; some were paid straight time for overtime hours and none were paid for their final two weeks; one plaintiff worked only a short two-week period and was unpaid for all hours.
- Defendants were served but did not respond; the Clerk entered default and plaintiffs moved for default judgment on damages.
- Plaintiffs submitted sworn affidavits detailing unpaid regular hours, unpaid overtime hours, and underpaid overtime; they also sought attorneys’ fees and costs using Laffey-matrix rates.
- The court treated well-pleaded allegations as admitted, found Hargis to have operational control (individual employer liability), and proceeded to calculate damages and fee awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants are liable for unpaid wages and unpaid/underpaid overtime under FLSA and DCMWA | Plaintiffs: defendants failed to pay last two weeks’ wages and failed to pay proper overtime rates | Defendants: no response / no defenses asserted | Default entered; liability established; judgment for plaintiffs on wage and overtime claims |
| Whether Hargis is individually liable as an "employer" | Plaintiffs: Hargis owned/operated the company and had hiring, pay, schedule, and supervisory control | Defendants: no opposition | Held that Hargis had operational control and is jointly and severally liable with the corporation |
| Proper measure of liquidated damages (FLSA vs D.C. law) | Plaintiffs: seek treble damages under D.C. law (more generous) | Defendants: no opposition | Court applied D.C. treble liquidated damages (not duplicative FLSA liquidated damages) |
| Reasonableness of attorneys’ fees and use of Laffey matrix rates | Plaintiffs: request $12,887.90 (35.3 hours) and $868 costs using LSI Laffey matrix rates | Defendants: no opposition | Court found hours and Laffey rates reasonable and awarded $12,887.90 in fees and $868 in costs |
Key Cases Cited
- Int’l Painters & Allied Trades Indus. Pension Fund v. Auxier Drywall, 531 F. Supp. 2d 56 (D.D.C.) (default-judgment discretion and effect of entry of default)
- Jackson v. Beech, 636 F.2d 831 (D.C. Cir.) (standard for default judgment review)
- Adkins v. Teseo, 180 F. Supp. 2d 15 (D.D.C.) (court must independently determine damages after default)
- United Artists Corp. v. Freeman, 605 F.2d 854 (5th Cir.) (permitting affidavits/documentary evidence to prove damages on default)
- Ventura v. Bebo Foods, 738 F. Supp. 2d 1 (D.D.C.) (individual corporate-officer liability analysis under FLSA)
- Ruffin v. New Destination, 800 F. Supp. 2d 262 (D.D.C.) (corporate officer with operational control is an employer)
- Williams v. WMATA, 472 F.2d 1258 (D.C. Cir.) (state law may provide additional benefits beyond FLSA)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (reasonableness review for attorneys’ fees)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar method: hours × reasonable rate)
- Serrano v. Chicken-Out, Inc., 209 F. Supp. 3d 179 (D.D.C.) (use of LSI Laffey matrix for D.C. statutory fee awards)