Medina et al v. East Communication Inc. et al
| Ely Medina |
| East Communication Inc., James Park and Luis G. Yo |
| 1:2016cv00869 |
| February 4, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Colleen McMahon |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
55
MEMORANDUM AND OPINION: As evidenced above, Plaintiff has failed to convince this court by a preponderance of the evidence that he may recover under N.Y. Lab. Law § 191 for a failure by Defendants to compensate him in a timely fashion i n violation of state law. Plaintiff has also failed to convince this court by a preponderance of the evidence that he may recover under N.Y. Lab. Law § 652 and 29 U.S.C. § 206 for Defendants' failure to pay him minimum wage requir ements. Plaintiff has proven, however, by a preponderance of the evidence that he may recover from Defendants for willful violations of unpaid overtime wages and spread of hours compensation under the FLSA and New York Labor Law. Plaintiff has a lso proven by a preponderance of the evidence that Defendants did not adequately provide Plaintiff with an initial written notice of his rate of pay or a written wage statement, as required by state law. In light of Defendants' willfu l violations of the FLSA, Plaintiff is entitled to recovery in the amount of $1,771.50. Plaintiff is also entitled to recover for Defendants' violations of the New York Labor Law in the amount of $10,021.88. Plaintiff may recover fr om Defendants, in sum, $11,793.38. Due to the court's concerns with respect to the apparent failure to pay income taxes and employment taxes that were raised at trial, the court ORDERS Defendants to pay the amount of $11,793.38 by no later than July 11, 2018 to the Clerk of the U.S. District Court for the Southern District of New York, to be held in escrow for the Plaintiff in an interest-bearing account pending further inquiry into the applicable tax issues. Plaintiff is entitled to post-judgment interest after the Clerk of the Court has entered the judgment in this case. (Signed by Judge Jennifer Choe-Groves on 6/11/2018) (mro)
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