977 F. Supp. 2d 187
E.D.N.Y2013Background
- Plaintiffs Kalloo, Mohammad, and Albertie sue Unlimited Mechanical Co. of New York, Inc. and Nick Bournias for FLSA/NYLL overtime and travel-time violations and unpaid last wages for Kalloo.
- Bench trial held Sept. 18, 20, 23, 2013; witnesses included plaintiffs, Bournias, Mavromoustakos, and defense witnesses.
- Unlimited Mechanical owner Bournias had control over hiring, scheduling, pay, and payroll approval; he paid overtime in cash and kept no accurate records.
- Timesheets were filled by employees, then adjusted by Bournias without employee review; company records were sparse and inconsistent.
- Plaintiffs claim unpaid overtime and travel time; Kalloo also seeks last two weeks’ wages; several defenses include counterclaims for unjust enrichment and interference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Employer liability under FLSA/NYLL for Bournias | Bournias exercised core managerial control; liable as employer | Not explicitly stated; implied defense that Bournias isn’t jointly liable | Yes; Bournias liable in his individual capacity under FLSA and NYLL |
| Employee vs. independent contractor for Kalloo | Kalloo was an employee; employer exercised control; no independent contractor status | Kalloo contested as contractor | Kalloo is an employee under both FLSA and NYLL |
| Overtime and travel-time compensation owed to Kalloo under FLSA | Worked overtime with insufficient pay; travel time should be compensable | Omissions or travel time not properly compensable; defenses on records | Defendants liable for unpaid overtime and travel time under FLSA |
| Overtime and travel-time and unpaid wages under NYLL for Albertie and Mohammad | Worked overtime and travel time without full compensation | Insufficient records/unclear periods | Defendants liable for overtime, travel-time, and related NYLL damages for Albertie and Mohammad |
| Counterclaims viability | Unjust enrichment and interference claims lack proof | Counterclaims should proceed | Counterclaims not proven; judgments entered for plaintiffs |
Key Cases Cited
- Solis v. SCA Restaurant Corp., 938 F.Supp.2d 380 (E.D.N.Y.2013) (burden-shifting proof framework for unpaid overtime when records are inadequate)
- Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (U.S. 1946) (occasion for inference when employer records are inadequate)
- Irizarry v. Catsimatidis, 722 F.3d 99 (2d Cir.2013) (economic realities test for employer/employee status; control and other factors)
- Kuebel v. Black & Decker Inc., 643 F.3d 352 (2d Cir.2011) (permissible inferences from employee testimony where records are missing)
- Reich v. S. New England Telecomms. Corp., 121 F.3d 58 (2d Cir.1997) (standard for calculating damages where precise records are unavailable)