VENTURA v. L. A. HOWARD CONSTRUCTION COMPANY
1:14-cv-01884
D.D.C.Sep 28, 2015Background
- Ventura worked as a concrete installer for L.A. Howard Construction Co. from Feb. 1, 2011 to July 30, 2013 and alleges he worked 48–50 hours/week without overtime pay.
- Ventura sued the Company and its owner/operator Lazerrick A. Howard under the FLSA and D.C. wage-and-hour laws on Nov. 7, 2014.
- Both defendants were served by court-authorized alternative service (first-class mail) on April 14, 2015 but did not respond; the Clerk entered defaults (Company June 26, 2015; Howard Sept. 4, 2015).
- Ventura submitted a declaration calculating approximately $19,995.30 in unpaid overtime (based on $34.19/hr regular rate and ~9 overtime hours/wk for ~130 weeks).
- Ventura sought liquidated/treble damages under D.C. law (or alternatively FLSA liquidated damages), costs, and attorneys’ fees; the Court found defendants liable and awarded FLSA liquidated damages plus costs but deferred ruling on attorneys’ fees pending additional evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for unpaid overtime | Ventura: worked overtime and was not paid 1.5x rate; entitled to unpaid wages and liquidated damages | Defendants: no response; raised no defense | Court accepts well-pleaded allegations on default and holds Company and Howard jointly and severally liable under FLSA and D.C. law |
| Measure of statutory damages (FLSA v. D.C.) | Ventura: requests treble damages under D.C. law or liquidated damages under FLSA | Defendants: no response | Court: Treble D.C. provision was not in effect during employment; awards FLSA liquidated damages (equal to unpaid wages) instead |
| Quantum of unpaid overtime damages | Ventura: $19,995.30 based on declaration and hours worked | Defendants: no response | Court finds Ventura’s calculation reasonable and awards unpaid wages plus equal amount as FLSA liquidated damages (total $39,990.60) |
| Attorneys’ fees rate reasonableness | Ventura: seeks $7,719 (21.5 hours) at specified hourly rates and cites Laffey Matrix and some fee awards | Defendants: no response | Court finds hours reasonable but declines to award fees yet—requires additional community-rate evidence post-Eley before fixing hourly rates |
Key Cases Cited
- Lanny J. Davis & Assocs. LLC v. Republic of Equatorial Guinea, 962 F. Supp. 2d 152 (D.D.C.) (default-judgment two-step procedure)
- Boland v. Elite Terrazzo Flooring, Inc., 763 F. Supp. 2d 64 (D.D.C.) (default establishes liability for well-pleaded allegations)
- Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105 (2d Cir.) (court must ensure basis for damages in default judgment)
- Donovan v. Agnew, 712 F.2d 1509 (1st Cir.) (corporate officers with operational control may be jointly liable under the FLSA)
- Eley v. District of Columbia, 793 F.3d 97 (D.C. Cir.) (plaintiff seeking fee award must produce satisfactory evidence that requested rates match prevailing community rates)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar methodology for fee awards)
- Williams v. Washington Metropolitan Area Transit Authority, 472 F.2d 1258 (D.C. Cir.) (employees covered by state law are entitled to any additional state benefits over FLSA)