Mindy Zommick v. Lewis Construction Company LLC, et al.

Summary

The United States District Court for the District of Arizona grants Plaintiff Mindy Zommick’s motion for default judgment against Lewis Construction Company LLC, Chad Lewis, Brandin Lewis, and Jenniffer Lewis. The order addresses claims under the Fair Labor Standards Act, Arizona Minimum Wage Act, and Arizona Wage Act, finding that Plaintiff adequately alleged unpaid regular and overtime wages. The Court discusses statutory damages and concludes that damages should be awarded under the applicable federal and state wage laws.

Holdings

1. The Eitel factors weigh in favor of entering default judgment against all defendants because Plaintiff would otherwise lack a judicial remedy, the claims are sufficiently pleaded, the requested damages are proportionate, no material factual dispute remains, the default was not attributable to excusable neglect, and the preference for decisions on the merits does not preclude relief under Rule 55(b).
2. The allegations plausibly established that Lewis Construction Company LLC, Chad Lewis, Brandin Lewis, and Jenniffer Lewis were employers and that Zommick was an employee rather than an independent contractor under the FLSA.
3. Zommick plausibly pleaded violations of the FLSA overtime and minimum-wage provisions.
4. Zommick plausibly pleaded a violation of the Arizona Minimum Wage Act against all defendants.
5. Zommick plausibly pleaded an Arizona Wage Act violation against Lewis Construction Company LLC, but the individual defendants were not employers subject to liability for the alleged wholesale failure to pay wages by the corporate employer.
6. The court awarded $7,096.70 against all defendants jointly and severally and an additional $5,965.90 against Lewis Construction Company LLC alone, plus post-judgment interest; Plaintiff could seek costs and attorney fees under Local Rule of Civil Procedure 54.2.

Questions Presented

1. Whether the Eitel factors supported entry of default judgment against all defendants.
2. Whether the complaint sufficiently pleaded that the defendants were employers and that Zommick was an employee under the FLSA and Arizona Minimum Wage Act.
3. Whether the complaint sufficiently pleaded FLSA overtime and minimum-wage violations.
4. Whether the complaint sufficiently pleaded Arizona Minimum Wage Act and Arizona Wage Act violations.
5. Whether damages, including liquidated or treble damages, were adequately supported and could be imposed jointly and severally.

Disposition

other