Taylor et al v. C& L Towing and Transport, L.L.C. et al

Filing 128

ORDER granting 127 Motion for Liquidated Damages. See Order for details. Signed by Judge Paul G. Byron on 7/19/2019. (JRJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

KEITH E. TAYLOR and TERRENCE
MCGLOTHLIN,
Plaintiffs,
v.

Case No: 6:17-cv-1929-Orl-40TBS

C&L TOWING AND TRANSPORT,
L.L.C. and CARL CHASE,
Defendants.
/
ORDER
This cause comes before the Court upon Plaintiffs’ Motion for Liquidated Damages
on Jury Verdict for Overtime Wages Pursuant to 29 U.S.C. § 216(b) and for Entry of Final
Judgments (Doc. 127 (the “Motion”)). The Court does not require a response to resolve
the Motion.
After a trial of this case, the jury found for Plaintiffs, awarding the following amounts
for unpaid overtime wages:
•

Stan Burton: $37,125.00;

•

Damien Ridenour: $25,200.00;

•

James Simpson: $9,000.00;

•

Terrence McGlothlin: $16,800.00;

•

Keith Taylor: $28,800.00;

•

Stephen Guy Black: $26,400.00.

Importantly, the jury also found that Defendants willfully failed to pay Plaintiffs overtim e
wages. The Motion requests the Court award Plaintiffs liquidated damages and enter final
judgment in their favor.
An award of liquidated damages equal to the amount of compensatory
damages is required, 29 U.S.C § 216(b), unless the employer can establish
a good faith defense. Davila v. Menendez, 717 F.3d 1179, 1185–86 (11th
Cir. 2013); 29 U.S.C. § 260. It is generally the district court's job to assess
this defense. See Davila, 717 F.3d at 1185. However, when a jury finds that
an employer's violation of the FLSA was willful, the district court has no
discretion to consider the good faith defense because a willfulness finding
precludes it. Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233, 1282–83
(11th Cir. 2008).
Gonzalez v. Batmasian, No. 9:16-cv-81696, 2017 WL 2191671, at *1 (M.D. Fla. May 17,
2017). Here, the jury’s finding that Defendants willfully violated the FLSA precludes a
viable good faith defense.
Accordingly, the Motion is GRANTED. Each Plaintiff is entitled to an award of
liquidated damages in an amount equal to the jury’s award for that Plaintiff, in addition to
the compensatory damage award for the same amount. So, in effect, the jury’s damages
are doubled. A final judgment will be entered by separate order.
DONE AND ORDERED in Orlando, Florida on July 19, 2019.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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