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Henry v. Community of Hope Center, Inc., CV 314-118. (2017)

Court: District Court, S.D. Georgia Number: infdco20170324e60 Visitors: 6
Filed: Mar. 23, 2017
Latest Update: Mar. 23, 2017
Summary: ORDER DUDLEY H. BOWEN , District Judge . On March 1, 2017, this Court entered default judgment in favor of all named Plaintiffs in this action except Plaintiff Carolyn Home because no evidence had been submitted respecting her damages. On March 14, 2017, Plaintiff Home submitted an affidavit in support of her damages claim against Defendant Community of Hope Center, Inc. d/b/a Walter Wesley Joyner Academy (the "Academy") under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq.
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ORDER

On March 1, 2017, this Court entered default judgment in favor of all named Plaintiffs in this action except Plaintiff Carolyn Home because no evidence had been submitted respecting her damages. On March 14, 2017, Plaintiff Home submitted an affidavit in support of her damages claim against Defendant Community of Hope Center, Inc. d/b/a Walter Wesley Joyner Academy (the "Academy") under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. Plaintiff Home seeks unpaid overtime wages.

Incorporating herein the findings of fact and conclusions of law set forth in the Order of March 1, 2017, Plaintiff Home is entitled to default judgment. "[T]hree distinct matters [are] essential in considering any default judgment: (1) jurisdiction; (2) liability; and (3) damages." Pitts ex rel. Pitts v. Seneca Sports, Inc., 321 F.Supp.2d 1353, 1356 (S.D. Ga. 2004). In sum, the allegations of the instant complaint establishes this Court has jurisdiction. The complaint also establishes that Plaintiff Home was employed by the Academy and treated as an exempt employee under the FLSA when in fact she was not. Consequently, Plaintiff Home worked overtime hours for which she was not paid when in fact she should have been. Moreover, the Academy's failure to pay overtime wages to Plaintiff Home was "willful" within the meaning of the FLSA.1 Thus, the Academy is liable to Plaintiff for overtime pay and statutory damages.

With respect to Plaintiff Home's damages, under § 207 of the FLSA, "an employer may not employ his employee for a workweek longer than forty hours unless his employee receives overtime compensation at a rate not less than one and a half times his regular rate." Allen v. Bd. of Pub. Educ. for Bibb Cnty., 495 F.3d 1306, 1314 (11th Cir. 2007) (citing 29 U.S.C. § 207(a)(1)). In this case, Plaintiff Home worked 40 hours of overtime from the period of June 3, 2013 to August 1, 2013. (See Aff. of Carolyn Home, ¶¶ 4-5.) Her overtime rate of compensation for that time period would have been $10.88. (Id., ¶ 8.) Plaintiff Home should have been paid $435.20 (40 × $10.88) in overtime during that time period; she is therefore owed $435.20 in overtime wages and $435.20 in statutory damages, for a total damages award of $870.40.

Upon the foregoing, the Clerk of Court is directed to ENTER JUDGMENT against Community of Hope Center, Inc. d/b/a Walter Wesley Joyner Academy and in favor of Plaintiff Carolyn Home in the amount of $870.40.

The Clerk shall send a service copy of this Order to the following address:

Community of Hope Center, Inc. c/o Mr. Johnny Vaughn Post Office Box 1072 Dublin, Georgia 31040

ORDER ENTERED.

FootNotes


1. The allegation of willfulness is important because a district court has no discretion to reduce or deny an award of liquidated damages under 29 U.S.C. § 216(b) if the FLSA violation was willful. Morgan v. Family Dollar Stores. Inc., 551 F.3d 1233, 1282-83 (11th Cir. 2008).
Source:  Leagle

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