Flores v. Martinez
1:17-cv-00561
E.D.N.YApr 26, 2017Background
- Plaintiff Carmelo Flores worked at La Bella Pizzeria (owned by Joel Martinez) from June 2011 to November 13, 2016 as cook/cleaner/food preparer.
- Flores alleges he worked 72 hours per week and was paid a fixed cash weekly salary of $720, with no overtime pay.
- Flores brought claims under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) for unpaid overtime and related statutory penalties.
- Defendant defaulted; plaintiff moved for default judgment on liability and damages.
- The court accepted liability allegations as true on default and evaluated damages based on plaintiff’s affidavit and documentary proof without an inquest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for unpaid overtime under FLSA/NYLL | Flores asserts unpaid overtime for 72-hour weeks paid at $720/week | No answer (default) | Default accepted; complaint establishes liability |
| Measure of damages for unpaid overtime | Plaintiff seeks unpaid overtime calculation based on alleged hours and salary | No opposition evidence | Court awarded $45,600 unpaid overtime based on plaintiff's affidavit |
| Liquidated/statutory damages | Flores sought liquidated damages under NYLL and FLSA and other NYLL penalties | No opposition | Court awarded NYLL liquidated damages $45,600 but disallowed FLSA liquidated damages claim |
| Fee award to plaintiff’s counsel | Counsel requested $8,650 (27.5 hrs x $300 + $400 costs) | No opposition, but court required documentation | Court reduced fee 50% for lack of contemporaneous time records and excessive hours; awarded $4,125 fees + $400 costs |
Key Cases Cited
- Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155 (2d Cir.) (on default, well-pleaded allegations on liability are accepted as true)
- Finkel v. Romanowicz, 577 F.3d 79 (2d Cir.) (defendant's default does not establish damages; plaintiff must prove damages)
- Credit Lyonnais Sec. (USA), Inc. v. Alcantara, 183 F.3d 151 (2d Cir.) (plaintiff bears burden to establish damages with reasonable certainty)
- Bricklayers & Allied Craftworkers Local 2 v. Moulton Masonry & Const., LLC, 779 F.3d 182 (2d Cir.) (courts may rely on affidavits/documentary evidence instead of an inquest to determine damages)
- Fermin v. Las Delicias Peruanas Rest., Inc., 93 F. Supp. 3d 19 (E.D.N.Y.) (discussing spread-of-hours premium under NYLL and required proof)
- Gunawan v. Sake Sushi Rest., 897 F. Supp. 2d 76 (E.D.N.Y.) (contemporaneous time records required for fee awards)
- N.Y. Ass’n for Retarded Children, Inc. v. Carey, 711 F.2d 1136 (2d Cir.) (contemporaneous billing records are a prerequisite for attorney’s fees)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (court may reduce fee award where documentation of hours is inadequate)
- Kirsch v. Fleet St., Ltd., 148 F.3d 149 (2d Cir.) (upholding fee reductions for vague or deficient billing records)
Judgment: Court entered judgment for plaintiff for $96,200 in damages, plus $4,125 attorneys’ fees and $400 costs, total $100,725.