Marroquin v. Country Choice, LLC
70 F. Supp. 3d 1
D.D.C.2014Background
- Plaintiffs sue Country Choice, LLC and related individuals for FLSA and DC MW A violations based on unpaid minimum wage and overtime.
- Plaintiffs allege they worked ~60 hours per week and were paid fixed weekly rates regardless of hours.
- Marroquin worked Sept 2010–Jan 2013; Morales worked Sept 2012–Mar 2013; Ortega worked Aug 2006–May 2013; all worked ~9.5–10 hours/day, six days/week.
- Haj‑Momenian and Houshang Momenian allegedly controlled schedules and pay, making them employers under FLSA and DCMWA.
- Defendants failed to answer amended complaint; default was sought and entered; Plaintiffs seek default judgment on four counts.
- The court awards $126,685.51 in damages for unpaid wages, overtime, and liquidated damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants are liable for unpaid minimum wage and overtime under FLSA and DCMWA | Marroquin last name: Defendants failed to pay minimum wage and overtime as required. | Marroquin: Defendants contest liability? (no response in record) | Yes; default establishes liability on all counts. |
| Whether Haj-Momenian and Momenian can be held individually liable as employers | Individuals acted with operational control over wages/hours. | (Defendants did not oppose; arguments not presented) | Yes; individuals liable as employers under FLSA/DCMWA. |
| Whether entry of default judgment is warranted given the defendants' conduct | Defendants were unresponsive and delayed proceedings; default appropriate. | (No opposition filed) | Yes; default judgment warranted. |
| Whether damages and liquidated damages are properly calculated | Damages calculated from 8.25 DC minimum wage and 59 hours/week; liquidated damages included. | (No opposition) | Yes; damages totaling $126,685.51 supported. |
Key Cases Cited
- Boland v. Elite Terrazzo Flooring, Inc., 763 F. Supp. 2d 64 (D.D.C. 2011) (default judgment and unresponsive party considerations)
- Thompson v. Linda And A., Inc., 779 F. Supp. 2d 139 (D.D.C. 2011) (FLSA liquidated damages are mandatory unless good faith and reasonable grounds shown)