Martinez v. China Boy, Inc.
229 F. Supp. 3d 1
| D.D.C. | 2016Background
- Martinez seeks default judgment against China Boy, Inc. for unpaid wages and DCWPA liquidated damages after China Boy failed to answer Plaintiff’s complaint.
- Plaintiff alleges hourly wages below DC minimum wage rates and overtime under FLSA and DCWPCA, with cash payments varying from May 2014 to September 2015.
- Martinez worked approximately 66 hours per week; salary paid monthly from June 2014 to September 2015.
- Court accepts Plaintiff’s hours and wages as stated in the motion to the extent supported, since Defendant did not respond.
- Court computes unpaid wages and trebled liquidated damages under DC law, summing results to $120,369.76, though this exceeds Plaintiff’s earlier estimate but is supported by the declaration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment is appropriate given pleadings. | Martinez seeks default judgment for unpaid wages and DC liquidated damages. | China Boy did not respond; no argument presented. | Default judgment granted as requested, within motion-supported scope. |
| How unpaid wages should be calculated under FLSA/DCWPCA. | Fluctuating workweek method applies, given monthly salary below minimum wage. | N/A (no response). | Court rejects flawed fluctuation method and uses hourly minimum wage with overtime calculation. |
| Whether liquidated damages should be trebled under DCWPCA for post-2014 violations. | Threefold liquidated damages unless good faith/other grounds apply. | N/A (no response). | Award trebled liquidated damages post-2014; pre-2014 liquidated damages awarded as well; total increases accordingly. |
| What is the final amount due for unpaid wages and liquidated damages. | Total unpaid wages + liquidated damages as requested in motion. | N/A (no response). | Total judgment: $120,369.76 ($34,116.50 unpaid wages + $86,253.26 liquidated damages). |
Key Cases Cited
- Serrano v. Chicken-Out Inc., 209 F.Supp.3d 179 (D.D.C. 2016) (default judgment bounds constrained by pleadings and motion)
- Martinez v. Asian 328, LLC, 220 F.Supp.3d 117 (D.D.C. 2016) (FLSA minimum wage and DCWPA considerations in same case)
- Ventura v. L.A. Howard Constr. Co., 134 F.Supp.3d 99 (D.D.C. 2015) (liquidated damages under DCWPCA discussed)
- Arias v. U.S. Serv. Indus., Inc., 80 F.3d 509 (D.C. Cir. 1996) (employer cannot challenge damages measurement under FLSA without records)