On May 1, 2019, United States District Court Judge Joan M. Azrack issued an ordered in a wage theft case filed by Long Island employment lawyers Famighetti & Weinick, PLLC in the Eastern District of New York. The case alleged that a Long Island food delivery service failed to pay overtime wages to two employees and failed to provide proper and legal wage statements under New York Law.
The lawsuit was served on the defendant corporation and an owner, but the defendants refused to defend themselves. Accordingly, the firm asked the court to enter a default judgment against them. As part of the motion, partner Matt Weinick set forth the applicable laws under the Fair Labor Standards Act and New York Labor Law concerning overtime pay. Weinick discussed how the affidavits submitted by the two employees established that the employer violated the wage and hour laws.
Next, the firm calculated the damages owed to each employee. Weinick set forth the hours each employee worked and how much each was owed for the overtime worked. Weinick also set forth the statutory damages the employer owed for not providing proper wage statements and the amount of liquidated damages allowed for under the FLSA and NYLL.
Finally, Weinick discussed the propriety of the Court awarding attorneys fees and the appropriate amount of those fees in this case. The Court agreed that Matt Weinick earned a reasonable hourly rate of $350 per hour based on attorney rates in this district.
In total, the Court ordered the employer to pay $193,536.00 in damages and attorneys fees.
The case serves as yet another reminder about the dangers of employers improperly paying employees. If you have a question about overtime laws, the FLSA, NYLL, minimum wage, or wage theft, contact a Long Island wage lawyer at Famighetti & Weinick PLLC. Our phone number is 631-352-0050 and our website is http://linycemploymentlaw.com.