Solis v. Cindy's Total Care, Inc. et al
| Hilda L. Solis |
| Cindy's Total Care, Inc., Nam Saeng Sim and Byung Sook Kim |
| 1:2010cv07242 |
| September 21, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard M. Berman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
57
OPINION AND ORDER: In consideration of the foregoing findings of fact and conclusions of law, the Court finds that the plaintiff Secretary of Labor has proven, by a preponderance of the evidence, that defendants Cindys Total Care, Inc. and Nam Saeng Sim violated the Fair Labor Standards Act, both in failing to pay overtime wages for weekly hours in excess of 40, and for failing to make and maintain appropriate records as to employees hours and wages. The Court does not find defendant Byung Sook Kim liable. For the violation of the overtime-wage provisions of the FLSA, the Court awards plaintiff compensatory and liquidated damages, to be distributed to the 32 employees whom the Court has found to have been denied overtime pay. Cindys Total C are, Inc. and Nam Saeng Sim are jointly and severally liable for paying these damages. Plaintiff shall submit proposed damages calculations for each of the 32 employees to the Court, consistent with the discussion in this opinion, by January 20, 2012 ; defendants may object to such calculations by January 27, 2012. The Court further enjoins Cindy's Total Care, Inc. and Nam Saeng Sim, their officers, agents, employees and those persons in active concert or participation with defendants, from violating the provisions of the Act contained in 29 U.S.C. §§ 207, 211(c), 215(a)(2), 215(a)(5). It is hereby ORDERED that judgment is entered in favor of plaintiff, Secretary of Labor, and against defendants, Cindy's Total Care, Inc. and Nam Saeng Sim. Judgment is entered in favor of defendant Byung Sook Kim, whom the Court finds is not liable for violating the FLSA. Plaintiff shall submit an application for the amount of their fees and costs, a request for prejudgment interest, and an appropriate form of a judgment no later than January 20,2012. The defendants shall submit any opposition to this submission no later than January 27, 2012. (Signed by Judge Paul A. Engelmayer on 1/5/2012) (ft)
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Filing
47
OPINION AND ORDER: For the reasons stated in the foregoing, the Court reaffirms its October 31, 2011 Opinion and Order granting the Secretary's motion in limine. (Signed by Judge Paul A. Engelmayer on 12/2/2011) (mro)
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Filing
42
OPINION AND ORDER: The Secretary's motion in limine to preclude the Defendants from introducing evidence relating to potential witnesses' immigration status or national origin and from questioning such witnesses as to these subjects is granted (Signed by Judge Paul A. Engelmayer on 10/31/2011) (js)
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