Parada Orellana v. Hann's Harvard, Inc.

Summary

The U.S. District Court for the District of Columbia considers Plaintiff Edi Parada Orellana’s motion for default judgment against his former employer and former boss for alleged violations of the Fair Labor Standards Act and District of Columbia wage laws. The court finds that both defendants were properly served, willfully defaulted, employed the plaintiff, and violated the applicable wage laws. The court awards unpaid wages and liquidated damages, totaling $130,965.50, plus post-judgment interest.

Holdings

1. Default judgment was appropriate because both defendants were properly served, failed to respond, had defaults entered, and remained totally unresponsive in a manner reflecting willful default.
2. Hann's Harvard, Inc. and Doung Kyu Han were employers under the FLSA, DCMWA, and DCWPCL, and they were jointly and severally liable for the wage-law violations.
3. Defendants violated the FLSA, DCMWA, DCWPCL, and District of Columbia split-shift regulations by paying below-minimum wages, failing to pay overtime and wages for certain periods, and failing to pay required split-shift compensation.
4. Plaintiff proved $32,741.38 in unpaid wages and was entitled to three times that amount, or $98,224.13, in liquidated damages, for a total award of $130,965.50 plus post-judgment interest.
5. The request for attorney's fees and costs was denied without prejudice because counsel's bare-bones affidavit did not provide sufficiently detailed contemporaneous time records to permit an independent reasonableness determination.

Questions Presented

1. Whether service of process on Hann's Harvard, Inc. and Doung Kyu Han was proper and their defaults were willful.
2. Whether the well-pleaded allegations established that Hann's Harvard, Inc. and Han were employers subject to the FLSA, DCMWA, and DCWPCL.
3. Whether defendants violated the FLSA, DCMWA, DCWPCL, and District of Columbia split-shift regulations by failing to pay minimum wages, overtime wages, regular wages, and split-shift compensation.
4. Whether plaintiff proved unpaid wages and liquidated damages to a reasonable certainty.
5. Whether plaintiff submitted sufficient evidence to support an award of attorney's fees and costs.

Disposition

other