Santillan v. Henao
822 F. Supp. 2d 284
E.D.N.Y2011Background
- Santillan, a single plaintiff, seeks unpaid wages from Custom Stainless Steel Corp. and Walter Henao after defaulting defendants allegedly violated FLSA and NY Labor Law.
- Defendants allegedly failed to pay overtime/spread of hours and to keep proper wage records during May 2000–Mar 1, 2010.
- Court referred the case for a damages recommendation after a default and entered notice that failure to object to the R&R would waive review.
- Magistrate Judge Go recommended damages: unpaid overtime, spread of hours, liquidated damages, prejudgment interest, fees, and costs.
- Judge Block adopted the R&R and directed judgment consistent with it; $60,193.42 total with specified components.
- Plaintiff only seeks damages for himself; class/potential class relief not pursued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the defendants violated the FLSA overtime provisions | Santillan asserts unpaid overtime and record-keeping deficiencies. | Defendants failed to appear or contest, thus no opposition. | Liability found for FLSA overtime and record-keeping violations. |
| Whether the NY Labor Law supports spread-of-hours and overtime claims | Santillan seeks overtime and spread-of-hours pay under NYLL. | No opposition; liability supported by facts. | Liability found for NYLL overtime and spread-of-hours pay. |
| How damages should be calculated in a default setting without employer records | Use plaintiff’s recollections/estimates as a basis for damages. | No opposing evidence to dispute damages. | Damages based on reasonable inference; specified overtime and spread-of-hours amounts awarded. |
| Whether prejudgment interest is available on top of liquidated damages | Interest should be awarded where appropriate under NYLL; limited under FLSA. | Defaulted; no contrary position. | 9% prejudgment interest awarded on unpaid wages and spread-of-hours through proper periods. |
| Award of attorneys’ fees and costs | Recover reasonable fees/costs under FLSA and NYLL. | No opposition to fees/costs notwithstanding default. | Attorneys’ fees of $7,770 and costs $440 approved. |
Key Cases Cited
- Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (U.S. 1946) (burden on employee to show and prove hours worked; recollection allowed; records preferred)
- Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155 (2d Cir. 1992) (unanswered complaints in default may rely on evidence supporting damages)
- Au Bon Pain Corp. v. Artect, Inc., 653 F.2d 61 (2d Cir. 1981) (default judgments require proof of damages beyond pleadings)
- Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105 (2d Cir. 1997) (adequate basis for damages in default judgments; deference to affidavits/records)