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Rana v. Islam

FLSA, TVPRA Suit Remanded; Cumulative Liquidated Damages Wrongly Awarded Under FLSA, NYLL

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*1  Plaintiff-Appellee Mashud Parves Rana brought this action against his former employers, Monirul Islam and Fahima Tahsina Prova, alleging violations of various state and federal labor and human trafficking laws. Over a 15-month period, the defendants defied numerous orders of the district court (Sidney H. Stein, Judge), and the district court granted Rana’s motion to strike the defendants’ answer and enter a default judgment. Defendant Islam, pro se, appeals the district court’s damages order. We vacate in part and remand*2

because cumulative liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §201 et seq., and the New York Labor Law (“NYLL”), NYLL §§190 et seq. & 650 et seq.Per Curiam:Mashud Parves Rana filed a complaint against his former employers, defendant-appellant Monirul Islam and defendant Fahima Tahsina Prova, alleging, inter alia, that his employment conditions violated the Trafficking Victims Protection Reauthorization Act (“TVPRA”), 18 U.S.C. §1589 et seq., the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §201 et seq., the New York Labor Law (“NYLL”), N.Y. Lab. L. §§190 and 650 et seq., and the common law of torts. After the defendants ignored five district court orders to participate in discovery, and used other dilatory tactics, the district court (Sidney H. Stein, Judge) granted Rana’s motion pursuant to Federal Rule of Civil Procedure 37 to strike the defendants’ answer and enter a default judgment. Following a damages inquest, the district court awarded Rana $922,597.31.1 Islam, pro se,

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