SKRIPCHENKO et al v. VIRxSYS CORPORATION et al

Filing 33

MEMORANDUM OPINION. Signed by Judge Theodore D. Chuang on 9/26/2014. (Attachments: # 1 Attachment A)(rss, Deputy Clerk)

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Attachment A: VIRxSYS’s Owed Wages for Plaintiffs’ Unpaid Salaries and Earned and Unused Vacation 1 Plaintiff Name Skripchenko, Yelena Annual Salary Monthly Salary Earned and Unused Vacation Hours 1.5 Months of Unpaid Salary Regular Hourly Rate (Salary / 52 Weeks / 40 Hrs per Wk) Earned and Unused Vacation Total Unpaid Salary Plus Vacation Total Damages Owed (includes treble damages) $76,000.00 $6,333.33 $9,500.00 79 $36.54 $2,886.54 $12,386.54 $37,159.62 2 $8,729.17 $13,093.75 102.4 $50.36 $5,156.92 $18,250.67 $54,752.01 Radd, Katherine $51,450.00 $4,287.50 $6,431.25 36 $24.74 $890.48 $7,321.73 $21,965.19 Deausen, Eden $80,000.00 $6,666.67 $10,000.00 268 $38.46 $10,307.69 $20,307.69 $60,923.07 Sun, Yue $76,000.00 $6,333.33 $9,500.00 130 $36.54 $4,750.00 $14,250.00 $42,750.00 Jendrek, Scott $97,000.00 $8,083.33 $12,125.00 17 $46.63 $792.79 $12,917.79 $38,753.37 $130,000.00 $10,833.33 $16,250.00 149 $62.50 $9,312.50 $25,562.50 $76,687.50 3 0 $27.64 0 $7,187.50 $21,562.50 34 $34.62 $1,176.92 $10,176.92 $30,530.76 5 $7,740.38 $23,221.14 Wang, Jun Mansfield, Steven “Gary” $104,750.00 Talmadge, Laura $57,500.00 $4,791.67 $7,187.50 John, Shirley $72,000.00 $6,000.00 $9,000.00 4 90 $22.12 Williams, Rachelle $46,000.00 $3,833.33 $5,750.00 $1,990.38 Palmer, Tawanda $50,000.00 $4,166.67 $6,250.00 32 $24.04 $769.23 $7,019.23 $21,057.69 Belverud, Michael $40,000.00 $3,333.33 $5,000.00 90 $19.23 $1,730.77 $6,730.77 $20,192.31 $449,555.16 $449,555.16 $149,851.72 1 The following figures are taken from Plaintiffs’ Declarations, which state that VIRxSYS failed to pay Plaintiffs’ wages between February 1, 2012, and March 15, 2012. Therefore, these calculations are based on 1.5 months of unpaid salary. See ECF Nos. 24-5–24-16. 2 Plaintiff Wang’s Declaration states that her salary was “$014,750.00 per year,” ECF No. 24-6 ¶ 3. However, the remaining calculations in the Declaration and the entry for Wang in Plaintiffs’ Damages Spreadsheet, ECF No. 24-4, make it clear that this was a typographic error. The Court accepts $104,750.00 as the correct figure. 3 Plaintiff Talmadge’s Declaration states that she is owed $6,634.62. However, if applying the same formula that was used for the other Plaintiffs (Annual Salary / 12 Months * 1.5 Months of Unpaid Salary), the figure should be $7,187.50. This is also the amount reflected Plaintiffs’ second Damages Spreadsheet, ECF No. 28-2, which Plaintiffs filed with their Reply to provide calculations for unpaid wages without bonus payments. The Court accepts $7,187.50 as the correct figure. 4 Plaintiff Williams’s Declaration states that she is owed $5,875.00. ECF No. 24-14 ¶ 4. Williams’s Declaration appears to have originally stated that her salary was $47,000.00; however, a handwritten correction states that the salary was in fact $46,000.00. Id. ¶ 3. It further appears that Plaintiffs’ Counsel did not update the rest of the calculations in the Declaration based on the corrected salary. The correct figure for unpaid salary ($5,750.00) does appear in Plaintiffs’ second Damages Spreadsheet. ECF No. 28-2. The Court accepts $5,750.00 as the correct figure. 5 Plaintiff Williams’s Declaration states that she is owed $2,033.65. For the reasons stated above in Footnote 4, the Court accepts $1,990.38 as the correct figure.

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