BRIAN M. COGAN, District Judge.
Plaintiff alleges that he was a restaurant worker at defendant's pizzeria and that defendant failed to pay him overtime wages as required by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and corresponding provisions of the New York State Labor Law ("NYLL"), §§ 190 and 650 et seq. Before me is plaintiff's motion for default judgment. The motion is granted in part.
According to his complaint and affidavit in support of his motion for a default judgment, plaintiff worked as a cook, cleaning person, and food preparer from June of 2011 until November 13, 2016 for defendant Joel Martinez, who owns and operates a pizzeria in Queens called "La Bella Pizzeria." During that period, plaintiff worked 72 hours per week and received a fixed weekly salary of $720. He was paid only in cash, and he never received overtime.
It is hornbook law that on a motion for default judgment, the well-pleaded allegations of a complaint pertaining to liability are accepted as true.
It is equally well-settled that on a motion for a default judgment, a defendant's default does not constitute an admission as to the damages claimed in the complaint.
There is no need for an inquest here. Plaintiff's affidavit constitutes adequate proof of his damages, and nothing would be gained by having him appear to repeat his hours as set forth in his affidavit. Plaintiff's proven damages are as follows:
I am disallowing the following claimed elements of damages: (1) liquidated damages under the FLSA,
Plaintiff has also requested attorneys' fees in the amount of $8,650. This amount consists of 27.5 hours of attorney hours, billed at $300 per hour for a total of $8,250, and $400 in out-ofpocket expenses for the complaint filing fee. However, counsel has provided no time records that would enable me to determine whether 27.5 hours was a reasonable expenditure of time based on the work performed. This is a fundamental requirement of any fee application. "A fee applicant bears the burden of demonstrating the hours expended and the nature of the work performed through contemporaneous time records that describe with specificity the nature of the work done, the hours, and the dates."
In any event, 27.5 hours appears to be an unreasonable expenditure of time for a default judgment resolution on a wage complaint, with 27.5 hours representing more than double what courts in this district have previously found reasonable.
The failure to provide any documentation at all and the unreasonable number of hours expended without documentation warrants an across-the-board 50% reduction of attorney's fees to $4,125.
Plaintiff's motion for a default judgment is granted to the extent set forth above. The Clerk is directed to enter judgment in favor of plaintiff and against defendant in the amount of $96,200 in damages, plus $4,125 in attorneys' fees and $400 in out-of-pocket costs, for a total of $100,725.