Zubair v. Entech Engineering P.C.
900 F. Supp. 2d 355
S.D.N.Y.2012Background
- Zubair sues EnTech and Bayat for FLSA and NYSLL overtime violations; several contract claims dropped.
- Court granted summary judgment in Zubair's favor on overtime claims and against him on NYSLL spread-of-hours claim in 2011.
- A September 6, 2012 bench trial resolved remaining issues: liquidated damages, prejudgment interest, and attorneys’ fees.
- Court found defendants lacked good-faith and objective reasonableness to avoid FLSA liquidated damages; NYSLL liquidated damages denied.
- Defendants’ reliance on NYSDOT contracts was inconsistent across projects; the pre-amendment NYSLL standard applied; Zubair awarded FLSA liquidated damages but not prejudgment interest.
- Zubair is entitled to reasonable attorneys’ fees for overtime claims, but not for the spread-of-hours or contract claims; case closed pending fee submission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FLSA liquidated damages liability | Zubair entitled to double damages for unpaid overtime | Defendants relied on Nassau Agreement pay schedule | Defendants not entitled to reduction; full FLSA liquidated damages awarded. |
| NYSLL liquidated damages | Willful violation warrants 25% NYSLL liquidated damages | Ignorance of the law precludes willfulness | No NYSLL liquidated damages awarded. |
| Prejudgment interest | Interest should follow if no FLSA liquidated damages | Not applicable if FLSA liquidated damages exist | Denied; prejudgment interest not awarded. |
| Reasonable attorneys’ fees | Prevailing plaintiff entitled to fees | Fees limited to overtime claims | Fees awarded for overtime claims; excluded for spread-of-hours and dropped contract claims. |
| NYSLL retroactivity and standard governing damages | Post-amendment standards apply | Amendments retroactive | Pre-amendment standard applied; 25% cap not extended; retroactivity not applied. |
Key Cases Cited
- Reich v. Southern New England Telecomms. Corp., 121 F.3d 58 (2d Cir. 1997) (burden on employer to show good faith and reasonableness for liquidated damages)
- Tlacoapa v. Carregal, 386 F.Supp.2d 362 (S.D.N.Y. 2005) (employer bears difficult burden for good-faith defense)
- Walton v. United Consumers Club, Inc., 786 F.2d 303 (7th Cir. 1986) (discusses doubling damages and good faith)
- Barrentine v. Arkansas-Best Freight Sys., 450 U.S. 728 (U.S. 1981) (overtime rights not waivable by contract)
- Herman v. RSR Sec. Serv’s Ltd., 172 F.3d 132 (2d Cir. 1999) (employer must learn applicable labor laws)
- Ayres v. 127 Restaurant Corp., 12 F.Supp.2d 305 (S.D.N.Y. 1998) (willful conduct standard for NYSLL liquidated damages)
- Reilly v. NatWest Markets Grp., Inc., 181 F.3d 253 (2d Cir. 1999) (NYSLL liquidated damages treated as penalty for willfulness)
- Brock v. Superior Care, Inc., 840 F.2d 1054 (2d Cir. 1988) (FLSA liquidated damages explained)