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Court Grants Default Judgment for $204,838 in Action for Overtime and Minimum Wage Violations

dealership$240,838.13 – Action for Overtime and Minimum Wage Violations
Logan v. World Luxury Cars, Inc. d/b/a/ Boss Auto Premier, Nadia Lev and Arik Lev, each in their individual and professional capacities
Case No: 1:15-cv-00248-RRM-PK, Eastern District of New York

Borrelli & Associates represented the Plaintiff, Mr. Logan, a maintenance worker against his former employer, a car dealership, for violations of the overtime and minimum wage provisions of the Fair Labor Standards Act and the New York Labor Law. The complaint in this matter alleged that Defendants required Plaintiff to work seventy-two hours each week from September of 2009 until September of 2014. In addition to his primary responsibilities, Defendants required Mr. Logan to perform supplementary tasks such as driving people to various destinations and cleaning their personal residence. Notwithstanding, Defendants paid Plaintiff a flat weekly salary, which was meant to cover only his first forty hours worked per week. Thus, Defendants did not compensate Mr. Logan at any rate of pay, let alone the statutorily-required minimum wage or overtime rates of pay for any hours that Plaintiff worked per week in excess of forty or for any of the extra services he provided. Plaintiff effectuated service on the Defendants twice; however, they failed to respond both times. Subsequently, Mr. Logan moved for default judgment. On September 25, 2017, Magistrate Judge Peggy Kuo issued her Report and Recommendation (“R&R”) recommending that Plaintiff’s motion to be granted. Pursuant to the Federal Rule of Civil Procedure 72 (b) and 28 U.S.C. Statute 636 (b), since Defendants failed to file an objection within fourteen days of the R&R, the Court reviewed the R&R for clear error and concurred with the R&R in its entirety. Accordingly, on June 1, 2018, District Judge Roslynn R. Mauskopf ordered and adjudged that judgment be entered in favor of Logan against World Luxury Cars, Nadia Lev, and Arik Lev, jointly and severally, in the amount of $240,838.13. Michael J. Borrelli and Alexander T. Coleman handled the matter on behalf of the Firm.


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