Filed: Aug. 20, 2018
Latest Update: Aug. 20, 2018
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. Sierra Wright and Vanessa Bryant used to work as hourly paid waitresses at the Double J Smokehouse and Saloon in West Memphis. They claim that they weren't paid overtime and that they were routinely asked to work off the clock, depriving them of a minimum wage. They've sued their former employer, CMR Double J West LLC, for these alleged violations of the Fair Labor Standards Act and the Arkansas Minimum Wage Act. Although they pleaded a collec
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. Sierra Wright and Vanessa Bryant used to work as hourly paid waitresses at the Double J Smokehouse and Saloon in West Memphis. They claim that they weren't paid overtime and that they were routinely asked to work off the clock, depriving them of a minimum wage. They've sued their former employer, CMR Double J West LLC, for these alleged violations of the Fair Labor Standards Act and the Arkansas Minimum Wage Act. Although they pleaded a collect..
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ORDER
D.P. MARSHALL, JR., District Judge.
1. Sierra Wright and Vanessa Bryant used to work as hourly paid waitresses at the Double J Smokehouse and Saloon in West Memphis. They claim that they weren't paid overtime and that they were routinely asked to work off the clock, depriving them of a minimum wage. They've sued their former employer, CMR Double J West LLC, for these alleged violations of the Fair Labor Standards Act and the Arkansas Minimum Wage Act. Although they pleaded a collective action, there's been little activity in this case and no effort to certify a FLSA group.
2. Wright and Bryant served CMR and one of its old owners, Jeff Stamm, in late 2017. No 4 & No 12. No one answered. The Clerk has since entered default. No 20. Last month, the Court ordered additional notice to CMR and Stamm. No 19. Wright and Bryant served CMR's registered agent, but couldn't locate Stamm. Neither CMR nor Stamm have appeared.
3. Wright and Bryant's motions for default judgment, No 17 & No 18, are granted as modified. First, there was good service. Second, CMR and Stamm have conceded the pleaded liability facts by not responding. Stamm exercised day-to-day operational control over the Smokehouse. 29 U.S.C. § 203(d); ARK. CODE ANN. § 11-4-203(4)(A); Wirtz v. Pure Ice Company, 322 F.2d 259, 262-63 (8th Cir. 1963). Failure to pay overtime is a FLSA violation; and coercing employees to work off-the-clock violates both FLSA and AMWA. Liability against CMR and Stamm is therefore established.
4. The Court will hold a trial on damages in Jonesboro at 9:00 a.m. on 13 November 2018. Wright and Bryant must serve this Order on CMR and Stamm as soon as practicable. Notice of service due by 21 September 2018.
So Ordered.
