Pena v. RDI, LLC

Filing 83

ORDER granting 80 motion for liquidated damages. Signed by Magistrate Judge Amanda Arnold Sansone on 4/23/2019. (DMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MELIDO PENA,
Plaintiff,
v.

Case No. 8:17-cv-1404-T-AAS

RDI, LLC.,
Defendant.
______________________________________/
ORDER
Melido Pena moves for an order awarding liquidated damages. (Doc. 80). The
April 4th order required RDI to respond to Mr. Pena’s motion by April 19th. (Doc.
82). The order also advised RDI that failure to respond would result in the court
treating Mr. Pena’s motion as unopposed. RDI’s April 19th deadline passed, and RDI
submitted no response. The court therefore treats Mr. Pena’s motion as unopposed.
Mr. Pena argues he is entitled to liquidated damages and asks for “entry of an
order awarding [him] liquidated damages.” (Doc. 80).
An employer who violates Sections 206 (minimum-wage provision) or 207
(overtime provision) of the FLSA, must also pay the employee “an additional equal
amount as liquidated damages.” 29 U.S.C. § 216(b). If an employer fails to show it
acted in good faith when it failed to comply with Sections 206 or 207, then the court
must award liquidated damages. Joiner v. City of Macon, 814 F.2d 1537, 1539 (11th
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Cir. 1987) (citation omitted).
If a jury finds an employer violated the FLSA and awards compensatory
damages, the court must generally add an equal award of liquidated damages. 11th
Cir.

Pattern

Jury

Instr.

Civ.

4.14,

annotations

and

comments

(2013).

If the jury finds that the employer acted willfully, then the court must award
liquidated damages. Id.; Alvarez Perez v. Sanford-Orlando Kennel Club, Inc., 515
F.3d 1150, 1166 (11th Cir. 2008) (citations omitted). To prove the employer acted
willfully, the employee must establish the employer “knew, or showed reckless
disregard for, the fact that its conduct was forbidden by the FLSA.” Morgan v. Family
Dollar Stores, Inc., 551 F.3d 1233, 1283 (11th Cir. 2008); 11th Cir. Pattern Jury Instr.
Civ. 4.14, annotations and comments.
The jury found RDI violated the FLSA and RDI knew or showed reckless
disregard for its FLSA violations. (Doc. 77). The jury therefore awarded Mr. Pena
$20,979.25 in owed overtime compensation. (Id.). As a result of the jury’s findings,
Mr. Pena may recover $20,979.25 in liquidated damages. The following is therefore
ORDERED:
1.

Mr. Pena’s motion for an award of liquidated damages (Doc. 80) is
GRANTED. Mr. Pena may recover $20,979.25 in liquidated damages.

2.

By May 7, 2019, Mr. Pena must submit a proposed judgment that
reflects the jury’s verdict and his liquidated-damages award. Mr. Pena
must upload his proposed judgment on CM/ECF and email a copy (in
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Word format): [e-mail].
ORDERED in Tampa, Florida, on April 23, 2019.

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