Summary
explaining that liquidated damages under the NYLL are meant to "constitute a penalty" on an employer's willful withholding of wages due, whereas pre-judgment interest is meant "to compensate a plaintiff for the loss of use money"
Summary of this case from Caltenco v. G.H. FoodOpinion
11-CV-5788 (ARR)
09-04-2012
ANDRZEJ JANUS, on behalf of himself and on behalf of all others similarly situated, Plaintiff, v. REGALIS CONSTRUCTION, INC., and JAN POMIANEK, Defendants.
NOT FOR ELECTRONIC
OR PRINT PUBLICATION
OPINION & ORDER
ROSS, United States District Judge:
The court has received the Report and Recommendation ("R&R") (Dkt. No. 15) on the instant case, dated July 23, 2012, from the Honorable Victor V. Pohorelsky, United States Magistrate Judge. No objections have been filed, so the court has reviewed the R&R for clear error on the face of the record. See Advisory Comm. Notes to Fed. R. Civ. P. 72(b); accord Edwards v. Town of Huntington, No. 05-CV-339, 2007 U.S. Dist. LEXIS 50074, at *6 (E.D.N.Y. July 11, 2007); McKoy v. Henderson, No. 05 Civ. 1535, 2007 U.S. Dist. LEXIS 15673, at *1 (S.D.N.Y. March 5, 2007). Having reviewed the record, I find no clear error and hereby adopt the R&R, in its entirety, as the opinion of the court pursuant to 28 U.S.C. § 636(b)(1).
Accordingly, plaintiff's motion for default judgment (Dkt. No. 14) is granted. The Clerk of Court is directed to enter judgment in favor of plaintiff against both defendants as follows:
1. Awarding $494.00 in unpaid overtime and liquidated damages under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.;SO ORDERED.
2. $14,873.75 in unpaid overtime and liquidated damages under the New York Labor Law;
3. Prejudgment interest totaling $4,009.96 through May 31, 2012, plus an additional $2.38 per diem from June 1, 2012 through the date of judgment;
4. $10,280 in attorney's fees; and
5. $649.52 in costs.
________________________
Allyne R. Ross
United States District Judge
Dated: September 4, 2012
Brooklyn, New York
MAILING LIST
Robert Wisniewski
& Associates P.C.
225 Broadway
Suite 1020
New York, NY 10007
Regalis Construction Inc.
592 Leonard Street #6
Brooklyn, NY 11222
Jan Pomianek
6640 60PL
Ridgewood, NY 11385
Jan Pomianek
592 Leonard Street
Brooklyn, NY 11222
Magistrate Judge Pohorelsky