Ventura v. L. A. Howard Construction Company
134 F. Supp. 3d 99
| D.D.C. | 2015Background
- Ventura sues L. A. Howard Construction Co. and Lazerrick A. Howard for unpaid overtime under FLSA and DC wage laws, seeking default judgment after non-response.
- Ventura worked as a concrete installer for the Company from Feb 1, 2011 to July 30, 2013 and alleges 40+ hours weekly with overtime undervalued.
- The Company and Howard were served by first-class mail under an order for alternative service; they did not respond and defaults were entered in June and September 2015.
- The Court finds liability under FLSA and DC wage laws and determines unpaid wages of about $19,995.30, plus liquidated damages under the FLSA and costs; DC treble damages were not applicable retroactively.
- The Court awards $39,990.60 in liquidated damages and $486.20 in costs, defers ruling on attorneys’ fees pending additional evidence on prevailing rates per Eley v. DC Cir. and related authority.
- The decision notes that prejudgment interest is not awarded where maximum liquidated damages are granted under the FLSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for unpaid overtime in default | Ventura seeks recovery based on unpaid overtime under FLSA/DCWPCL. | No argument presented due to default. | Liability found against both defendants. |
| Damages calculation and applicable law | Unpaid wages ~ $19,995.30; liquidated damages under FLSA; DC trebling not retroactive. | Not applicable since no responsive defense. | Unpaid wages awarded with FLSA liquidated damages; DC trebling not applied retroactively. |
| Attorneys’ fees ascertainment | Requests $7,719; rates align with experienced attorneys; seeks total fees. | No opposition received due to default. | Court approves hours and base fees but defers final fee award pending evidence of prevailing rates per Eley. |
| Prejudgment interest | Entitled to prejudgment interest if not fully covered by liquidated damages. | Not applicable due to liquidated damages awarded. | Prejudgment interest denied. |
| Treble damages under DC law | Should be treble under DC law. | DC treble damages not applicable retroactively to 2011–2013 employment. | DC trebling not applicable; FLSA liquidated damages apply. |
Key Cases Cited
- Elite Terrazzo Flooring, Inc. v. Boland, 763 F. Supp. 2d 64 (D.D.C. 2011) (default judgment damages require independent determination and supporting evidence)
- Eley v. District of Columbia, 793 F.3d 97 (D.C. Cir. 2015) (rates must be proven to be in line with community prevailing rates for fees; no blanket reliance on matrices)
- Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105 (2d Cir. 1997) (court may determine damages amounts without a hearing if supported by evidence)
- Williams v. Washington Metro Area Transit Auth., 472 F.2d 1258 (D.C. Cir. 1972) (state-law overtime benefits may augment federal standards)
- Lopez v. Lawns 'R' Us, 2008 WL 2227353 (D. Md. 2008) (illustrates varying reasonable rates for experienced lawyers)