Knox v. Happy Cab, LLC et al

Filing 13

ORDER on Plaintiff Glenda Knox's Request for Damages. Defendant Happy Cab and Dixon are liable to Plaintiff Knox under the FLSA for $13,494.88. The Clerk is DIRECTED to enter judgment accordingly and close the case. Signed by Judge Lisa G. Wood on 12/21/2017. (ca)

Sit

?[9ntteli States! Bisstrict Couit

for t^e ^otitliem Btotritf of 4leorsta
Prtmotaitcit IBtbtOton
GLENDA KNOX,

Plaintiff,
CV 217-29

vs.

HAPPY CAB, LLC and STACEY R,
DIXON,
Defendants.

ORDER

This

matter

comes

before

Knox's Request for Damages.

the

Court

on

Plaintiff

Glenda

Plaintiff filed suit against Happy

Cab, LLC {''Happy Cab") and Stacey R. Dixon, alleging violations
of the minimum wage and overtime provisions of the Fair Labor
Standards

Act

("FLSA").

After

both

Defendants'

failure

to

appear, this Court entered a default judgment on November 21,
2017.

Dkt. No. 10.

A hearing to determine damages was held on

December 20, 2017.

Even

on

a

default

judgment,

"[d]amages

must

unless they are liquidated or capable of calculation."
Wells, 688

F.3d 886, 892 (7th Cir. 2012).

be

proved

Wehrs v.

It is the Court's

duty to "determine both the amount and character of damages."
PNCEF, LLC V. Hendricks Bldq. Supply LLC, 740 F. Supp. 2d 1287,

A0 72A

(Rev. 8/82)

1292

(S.D.

Ala.

2010)

{quoting

Virgin

Records

Am.,

Lacey, 510 F. Supp. 2d 588, 593 n.5 (S.D. Ala. 2007)).

Inc.

v.

''A court

has an obligation to assure that there is a legitimate basis for

any damage award it enters."

Anheuser Busch, Inc. v. Philpot,

317 F.3d 1264, 1266 (11th Cir. 2003).

Employers

who

violate

the

minimum

wage

and

overtime

provisions of the FLSA are liable to the affected employee in
the amount of their unpaid minimum wages, their unpaid overtime

compensation, and in an additional equal amount as liquidated
damages.

29 U.S.C. § 216(b).

Overtime payment means one and

one-half times the employee's "regular rate" of payment.
U.S.C. § 207(a)(1).

29

To calculate the proper measure of damages

when no records are available, "imprecise evidence on quantum

can provide a ^sufficient basis' for damages."

Reeves v. Int'1

Tel. & Tel. Corp., 616 F.2d 1342, 1351 (5th Cir. 1980).

At

the

hearing.

Plaintiff

Knox

testified

that

employed by Defendants from May 13, 2016 through
2016.

where

was twelve

she

worked

hours, there

just

twelve

was

November 9,

During that time, she worked seven days a week.

normal shift

days

she

While a

were only about fourteen

hours.

Often

she

worked

fourteen or sixteen hours, and sometimes as many as twenty-four.

She was required to work these long hours because Happy Cab only
had two dispatchers.
often

continued

to

And even when she left the office, she
receive

calls

to

her

cellular

phone.

dispatching for Happy Cab at home.

She testified that she was

compensated at a rate of $88 per day, regardless of how many
hours she worked in a day or how many days she worked in a week.
Plaintiff

now

seeks $12,944.88

in

damages.

This

figure

reflects $1,996.80 in minimum wage damages ($0.96 per hour for
40

hours

a

week

for

26

weeks

of

employment,

times

two

for

liquidated damages) and $10,948.08 in overtime damages (half the
minimum wage for 58 overtime hours for 26 weeks, times two for
liquidated damages).

She

also seeks $550 in taxable costs,

authorized to the prevailing party under 29 U.S.C. § 216(b).
The Court awards damages accordingly, for a total of $13,494.88.
CONCLUSION

Defendants Happy Cab and Dixon are liable to Plaintiff Knox
under the FLSA for $13,494.88.

The Clerk is DIRECTED to enter

judgment accordingly and close the case.

SO ORDERED, this 21st day of December, 2017.

L
LISA GODB^Y WOOD, JUDGE
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA