X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Plaintiffs Jose Alonso (“Alonso”) and Marcelo Juarez Flores (“Flores”) (collectively, “Named Plaintiffs”) bring this action against their employer New Day Top Trading, Inc. (“New Day Top”), alleging violations of the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C §§201, et seq., and the New York Labor Law (“NYLL”) §§190, et seq., and 650, et seq. Plaintiffs seek unpaid overtime wages, unpaid spread-of-hours wages, liquidated damages, statutory damages, prejudgment interest, and attorneys’ fees and costs from New Day Top. After the filing of the Complaint, five other individuals who purported to have been similarly situated to the Named Plaintiffs with respect to New Day Top’s allegedly unlawful wage-and-hour practices — Andres Maldonado (“Maldonado”), Jose Felix Perez (“Perez”), Rafael Soriano (“Soriano”), Gustavo Martinez Tapia (“Tapia”), and William Velos (“Velos”) (collectively, “Opt-In Plaintiffs”)1 — filed notices pursuant to 29 U.S.C. §216(b), indicating their consent to join the action and assert their own FLSA claims. New Day Top defaulted. The Court entered default judgment on liability and referred the case to Magistrate Judge Debra C. Freeman for an inquest into damages. Before the Court is Judge Freeman’s Report and Recommendation (the “Report”), Dkt. 67, to which the plaintiffs have objected in part (“Objections”), Dkt. 71. This decision resolves plaintiffs’ Objections and adopts the Report in its entirety. I. Background2 New Day Top, a New York corporation, operates three warehouses in New York and one in New Jersey. Dkt. 1 (“Compl.”) 19. The facts pertinent to each plaintiff’s claims are as follows. A. Alonso Alonso asserts that between January 2014 and November 2016, he was employed as a forklift driver in New Day Top’s Brooklyn and Queens warehouses.3 Id. 6. According to the Complaint, Alonso worked 10- and 11-hour shifts six days a week. Id. 8. In his Declaration submitted in connection with the damages inquest, Alonso estimated that he worked 63 hours per week, slightly less than his 65-hours-per-week estimate in the Complaint. See Dkt. 53-1 (“Alonso Decl”) 11; Compl. 9. Alonso contends that he was paid a “lump sum cash payment of $600.00 each week, regardless of the number of hours [he] worked,” Alonso Decl. 13; Compl. 66. Alonso asserts that he was not paid overtime wages for the hours he worked in excess of 40 hours per week, and that he did not receive “spread-of-hours” pay, in that he was not compensated at an additional hour of minimum wage for the hours he worked in excess of 10 hours per day. Compl.

54, 55. Alonso also asserts that he was never provided with any wage statements or notices. Id. 59, B. Flores Flores asserts that between June 2014 and July 2015, he was employed as a driver’s assistant at New Day Top’s Queens warehouses. Id. 13. According to the Complaint, Flores worked “six days each week, starting at 7:00 a.m. and ending between 8:00 p.m. and 11:00 p.m. each day,” which totaled approximately 75 to 85 hours per week. Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›

Epstein Becker & Green is seeking an associate to joins its Commercial Litigation practice in our Columbus or Cincinnati offices. Ca...


Apply Now ›

Job Opportunity: Location: Prestigious Florida Law Firm seeks to hire a Business attorney with at least 5 years of experience for their Ft. ...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›