United States District Court, S.D. Alabama
MICHAEL I. KENT, Plaintiff,
GULF COAST SECURITY ENTERPRISES, LLC, SHOWTIME BODY GUARDS & ETC, LLC and TOMMIE LANDRUM, Defendants.
REPORT AND RECOMMENDATION
WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE
matter comes before the court on the Plaintiff's Request
for Default Judgment. An entry of default has already been
made against defendants Gulf Coast Security Enterprises, LLC,
Showtime Body Guards & Etc, LLC and Tommie Landrum. (Doc.
S.D. Ala. Gen LR 73(c) and 28 U.S.C. §636(c), this case
was randomly assigned to the undersigned Magistrate Judge for
all purposes, including entry of a final judgment, as set out
in the Notice of Assignment to United States Magistrate Judge
for Trial entered March 8, 2018. (Doc. 2) The plaintiff has
expressly consented to the undersigned conducting all
proceedings in this case. However, as the defendants have not
appeared and therefore have not consented, this civil action
has been re-assigned to Senior United States District Judge
Callie V.S. Granade.
claims against Defendants arise under the Fair Labor
Standards Act. (the “FLSA”), 29 U.S.C.
§§ 201, et seq. The FLSA's
“provisions are not subject to negotiation or
bargaining between employers and employees.” See,
e.g., Lynn's Food Stores, Inc. v. United States, 679
F.2d 1350, 1352-53 (11th Cir. 1982); Hogan v.
Allstate Beverage Co., 821 F.Supp.2d 1274, 1281 (M.D.
complaint has been reviewed and the undersigned is satisfied
that it sets forth viable causes of action against each
defendant under the FLSA. The plaintiff has also satisfied
the court that he was a non-exempt employee of the defendants
pursuant to the FLSA; that the defendants knowingly failed to
pay him in conformity with the requirements of the FLSA by
failing to pay him the statutory minimum wage for
“straight time” hours and for failing to pay him
at 1.5 times his regular rate for overtime hours worked. All
of the factual allegations in the complaint are deemed
admitted by virtue of the defendants' default, and
because they are sufficient to state claims under the FLSA
the Court finds that each defendant is liable to plaintiff.
after the entry of default, it remains the plaintiff's
burden to prove the amount of damages to which he is
entitled. “While well-pleaded facts in the complaint
are deemed admitted, plaintiffs' allegations relating to
the amount of damages are not admitted by virtue of default;
rather, the court must determine both the amount and
character of damages.” Virgin Records America, Inc.
v. Lacey, 510 F.Supp.2d 588, 593 n .5 (S. D. Ala.2007);
the sum plaintiff seeks is accompanied by evidentiary support
in the form of affidavits setting out the amount claimed,
together with an explanation for how he arrived at that
2015 - April, 2016.
alleges that from December, 2016 until the end of April, 2016
he was paid $7.75 an hour by Defendants but was not paid a
higher rate for hours in excess of 40 hours a week.
FLSA obligates employers to compensate employees for hours in
excess of 40 per week at a rate of 1 ½ times the
employees' regular wages.” Christopher v.
SmithKline Beecham Corp., 132 S.Ct. 2156, 2162 (2012)
(citation omitted). Section 207 is captioned “Maximum
Hours” and paragraph (a)(1) states as follows:
Except as otherwise provided in this section, no employer
shall employ any of his employees who in any workweek is
engaged in commerce or in the production of goods for
commerce, or is employed in an enterprise engaged in commerce
or in the production of goods for commerce, for a workweek
longer than forty hours unless such employee receives
compensation for his employment in excess of the hours above
specified at a rate not less than one and one-half times the
regular rate at which he is employed.
29 U.S.C. § 207(a)(1).
Buchanan v. Bahama Bob's Beachside Cafe, Inc.,
2017 WL 1251015, at *3 (S.D. Ala. Apr. 4, 2017) The evidence
presented establishes that during this period he worked 113.5
overtime hours (more than 40 in a workweek) for which he was
paid $7.25 an hour rather than $10.87 an hour as required by
the FLSA. The underpayment totals $448.33, but plaintiff
states he was paid $200.00 cash on one occasion. The residual
underpayment is $248.33
May, 2016 ...