Filed: Feb. 28, 2018
Latest Update: Feb. 28, 2018
Summary: MEMORANDUM & ORDER PAMELA K. CHEN , District Judge . On January 31, 2018, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation (Dkt. 23), in which she recommended that Plaintiff be awarded a total of $140,122.63 in damages ( id. at 44). This Court respectfully modifies the exceedingly thorough Report and Recommendation ("Report") and awards Plaintiff a total of $242,303.89 in damages. STANDARD OF REVIEW A court may accept, reject, or modify, in whole or in part, the find
Summary: MEMORANDUM & ORDER PAMELA K. CHEN , District Judge . On January 31, 2018, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation (Dkt. 23), in which she recommended that Plaintiff be awarded a total of $140,122.63 in damages ( id. at 44). This Court respectfully modifies the exceedingly thorough Report and Recommendation ("Report") and awards Plaintiff a total of $242,303.89 in damages. STANDARD OF REVIEW A court may accept, reject, or modify, in whole or in part, the findi..
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MEMORANDUM & ORDER
PAMELA K. CHEN, District Judge.
On January 31, 2018, Magistrate Judge Cheryl L. Pollak issued a Report and Recommendation (Dkt. 23), in which she recommended that Plaintiff be awarded a total of $140,122.63 in damages (id. at 44). This Court respectfully modifies the exceedingly thorough Report and Recommendation ("Report") and awards Plaintiff a total of $242,303.89 in damages.
STANDARD OF REVIEW
A court may accept, reject, or modify, in whole or in part, the findings or recommendations made by a magistrate judge. See Fed. R. Civ. P. 72(b)(3); Grassia v. Scully, 892 F.2d 16, 19 (2d Cir. 1989). A court may accept those portions of a report to which no specific, written objection is made, as long as the factual and legal bases supporting the findings are not clearly erroneous. See Ramirez v. United States, 898 F.Supp.2d 659, 663 (S.D.N.Y. 2012). No objections have been filed in this case.
DISCUSSION
The Court modifies the Report as follows:
Table 1: Piedra's Modified Overtime Wages1
Period Hourly Overtime Hours of Number of Overtime
Wage Wage Rate Overtime Per Weeks in Owed for
Rate Paid Week Period the Period
11/9/15-5/9/16 $20.00 $30.00 48 26 $37,440.00
5/10/16-1/31/17 $22.50 $33.75 48 38 $61,560.00
2/1/17-5/9/17 $13.00 $19.50 18 14 $4,641.00
Total Overtime Owed: $103,641.00
Table 2a: Piedra's Modified Spread of Hours Wages2
Period NYLL Min. No. of Days No. of Weeks Total SOH
Wage Worked Over in Period Owed for
10 Hours Period
11/9/15-12/30/15 $8.75 6 7.4 $388.50
12/31/15-12/30/16 $9.00 6 52 $2,808.00
12/31/16-1/31/17 $9.70 6 4.6 $267.72
2/1/17-5/9/17 $9.70 2 14 $271.60
Total Spread of Hours
$3,735.82
Pay Owed:
Modified Total Damages Owed to Plaintiff3
Claim Amount Owed to Plaintiff Piedra
Unpaid Overtime $103,641.00
Unpaid Spread of Hours $3,735.82
Wage Notice Damages $5,000.00
Wage Statement $5,000.00
Damages
Liquidated Damages $107,376.82
Pre-Judgment Interest $14,350.25
Attorney's Fees $2,800.00
Costs $400.00
Total $242,303.89
CONCLUSION
The Court has reviewed the Report and adopts the Recommendations with the exception of the modifications described above. Accordingly, it is hereby ORDERED that Plaintiff is awarded $242,303.89 in damages. The Clerk of Court is respectfully requested to enter judgment and close the case accordingly.
SO ORDERED.
FootNotes
1. See Dkt. 23 at 28 for the Report's calculation.
2. See id. at 29 for the Report's calculation.
3. See id. at 44 for the Report's calculation.
