Lu v. Nails By Ann, Inc.
7:15-cv-08906
| S.D.N.Y. | Sep 5, 2017Background
- Plaintiff JianJing Lu worked as a nail technician at Nail House from Dec. 2008 to Aug. 2015; owner Myong Hee Kim controlled hiring, firing, wages, schedules, and records.
- Lu typically worked nine-hour days (6.5 hours on Sundays) and frequently worked over 40 hours per week.
- Defendants paid Lu a flat cash rate of $75 per day regardless of hours; no paystubs, wage statements, or statutory wage notices were provided.
- Defendants did not submit a Local Rule 56.1 response; the court deemed plaintiff’s facts admitted.
- Plaintiff moved for summary judgment on NYLL unpaid overtime, statutory wage-notice and wage-statement claims; she sought liquidated damages, prejudgment interest, and attorneys’ fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for unpaid overtime under NYLL | Lu: worked >40 hrs many weeks, paid flat daily rate; entitled to overtime pay computed using regular rate | Defs: hours can be averaged across weeks; tacit agreement that extra days would average out | Court: Granted summary judgment for Lu; averaging weeks not permitted; regular rate rule applies |
| Liquidated damages for unpaid overtime | Lu: entitled to liquidated damages under NYLL | Defs: deny willfulness/good faith; offer accountant testimony and cite cultural/linguistic issues | Court: No evidence of employer good faith; awarded liquidated damages |
| Prejudgment interest on NYLL unpaid wages | Lu: entitled to prejudgment interest under NY law | Defs: no substantive opposition made to interest | Court: Awarded prejudgment interest |
| Wage notice and wage statement statutory damages (NYLL §195) | Lu: no notices or statements provided; seeks statutory maxima | Defs: did not controvert plaintiff’s facts | Court: Awarded maximum statutory damages ($2,500 for notices; $5,000 for statements) |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Anderson v. Liberty Lobby, 477 U.S. 242 (genuine dispute and materiality standard)
- Herman v. RSR Sec. Servs. Ltd., 172 F.3d 132 (good-faith defense requires active steps to comply with labor laws)
- T.Y. v. N.Y.C. Dep’t of Educ., 584 F.3d 412 (deeming facts admitted under local rules)
- Galeana v. Lemongrass on Broadway Corp., 120 F. Supp. 3d 306 (liquidated damages under FLSA/NYLL)