| August 22, 2018 |
Filing
60
MEMORANDUM OPINION AND ORDER: For the reasons stated above, the Court finds that Plaintiffs have proven by a preponderance of the evidence that they are entitled to recover pursuant to their First through Fourth, Sixth, Seventh, and Eighth Causes of Action in the manner set forth above. Plaintiffs have failed to sustain their burden of proof as to the Fifth and Ninth Causes of Action. The Clerk of Court is directed to enter a judgment reflecting the Courts holding and setting forth Plaintiffs� 39; damages as follows: Adonias: $2,886.85 in unpaid wages under the NYLL, with nine percent prejudgment interest from July 1, 2015, through the date of judgment ($817.18); $5,000 for Defendants' violation of NYLL § 195(1); & #036;5,000 for Defendants' violation of NYLL § 195(3); and $200 for recovery of equipment costs under the FLSA. G. Mercenario: $570.00 in unpaid wages under the NYLL, with nine percent prejudgment interest from June 8, 2015, throu gh the date of judgment ($164.58); $5,000 for Defendants' violation of NYLL § 195(1); and $5,000 for Defendants' violation of NYLL § 195(3). Aranda: $1,545.00 in unpaid wages under the NYLL, with nine percent p rejudgment interest from August 3, 2015, through the date of judgment ($424.77); $5,000 for Defendants' violation of NYLL § 195(1); and $5,000 for Defendants' violation of NYLL § 195(3). H. Mercenario: $375.00 in unpaid wages under the NYLL, with nine percent prejudgment interest from June 25, 2015, through the date of judgment ($106.71); $5,000 for Defendants' violation of NYLL § 195(1); $5,000 for Defendants' violation of NY LL § 195(3); and $100 for recovery of equipment costs under the FLSA. Plaintiffs are entitled to recover attorneys' fees, costs, and expenses under the FLSA and the NYLL. See 29 U.S.C.S. § 216(b) (LexisNexis 2010); N.Y. Lab. Law & #167;§ 198, 663(1). Plaintiffs are directed to make their motion for attorneys fees and expenses pursuant to Federal Rule of Civil Procedure 54(d) no later than 14 days following the entry of judgment. Defendants are directed to file their oppos ition papers, if any, within 14 days thereafter. Costs shall be taxed in accordance with Federal Rule of Civil Procedure 54(d). The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/22/2018) (ama) Transmission to Orders and Judgments Clerk for processing.
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