Perry v. Krieger Beard Services LLC, 3:17-cv-00161

Henderson, an Indiana resident, worked for Krieger Beard Services, LLC (KBS) installing satellite TV in Indiana and Illinois from ~June 2016 to May 2017 and alleges he was treated as an employee despite signing an "independent contractor" agreement.
He claims KBS exerted control (assigning jobs, setting hours, uniforms, required check-ins/trainings) and that he routinely worked ~50 hours/week (≈10 unpaid overtime hours/week).
Henderson also alleges KBS made unauthorized payroll deductions (damage claims, uniform, etc.), reducing his net pay by roughly $600/week.
KBS failed to appear or defend; the Clerk entered default. Henderson moved for default judgment supported by affidavits and documents after an earlier motion was denied for insufficient evidence of damages.
Magistrate Judge Newman recommended granting default judgment: $11,280 in FLSA unpaid overtime + liquidated damages, $28,200 for unlawful state-law wage deductions (total damages $39,280), plus $56,507.05 in attorney’s fees and $1,745.85 in costs; and directed the Clerk to clarify Henderson’s consolidated claims are resolved.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entry of default judgment against KBS	Henderson sought default judgment after KBS failed to appear or defend.	KBS did not respond or defend; no opposition submitted.	Default judgment recommended granted given KBS's failure to defend and Clerk's prior entry of default.
FLSA unpaid overtime and liquidated damages	Henderson claims ~10 unpaid overtime hrs/week at an implied $24/hr (gross $1,200/50 hrs), seeking single and liquidated damages.	KBS offered no proof to contest hours, rate, or good-faith defense.	Court awarded $5,460 in unpaid overtime and $5,460 in liquidated damages (total $11,280).
State-law deductions (Illinois IWPCA and Indiana WPA)	Henderson alleges routine improper deductions averaging $600/week, totaling $28,200 for 47 weeks.	KBS did not establish any lawful exception or employee consent.	Court awarded $28,200 for unlawful wage deductions under Illinois and Indiana law.
Attorneys' fees and costs	Counsel documented 143.6 hours and sought $56,507.05 fees and $1,745.85 costs; argued lodestar reasonable.	No opposition; KBS did not contest reasonableness or hours/rates.	Court found requested fees and costs reasonable and awarded $56,507.05 in fees and $1,745.85 in costs.

Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946) (employee bears initial burden to show uncompensated work and may satisfy it by just and reasonable inference)
Antoine v. Atlas Turner, Inc., 66 F.3d 105 (6th Cir. 1995) (default admits liability but does not establish damages)
Elwell v. Univ. Hosps. Home Care Servs., 276 F.3d 832 (6th Cir. 2002) (liquidated damages under FLSA and employer’s burden to show good faith)
McClanahan v. Mathews, 440 F.2d 320 (6th Cir. 1971) (employer must prove good faith and reasonable grounds to avoid liquidated damages)
Reed v. Rhodes, 179 F.3d 453 (6th Cir. 1999) (burden to document entitlement to attorneys’ fees)
Adcock-Ladd v. Secretary of Treasury, 227 F.3d 343 (6th Cir. 2000) (lodestar presumption and rarity of significant adjustments)
Fegley v. Higgins, 19 F.3d 1126 (6th Cir. 1994) (attorney’s fees mandatory for prevailing FLSA plaintiff; amount within court’s discretion)
Costello v. BeavEx, Inc., 810 F.3d 1045 (7th Cir. 2016) (IWPCA prohibits unauthorized wage deductions)