Ayala et al v. Your Favorite Auto Repair & Diagnostic Center, Inc. et al

Filing 92

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge James Orenstein in its entirety as the opinion of the court pursuant to 28:636(b)(1).( Ordered by Judge Allyne R. Ross on 1/4/2017) *Forwarded for jgm. (Guzzi, Roseann)

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l-' s '' Li.N Y j s ' s s - c. ./ UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X NELDA AY ALA, MOHAMMED ELISSAOUI,EBER VEGA, NOT FOR ELECTRONIC and CARLOS GARCIA OR PRINT PUBLICATION Plaintiffs, ORDER 14-CV-5269(ARR) (JO) -againstYOUR FAVORITE AUTO REPAIR & DIAGNOSTIC CENTER,INC., AUTO MAINTENANCE SALES & SERVICE CAR WASHING & DETAILING, INC., and ANTHONY BOUMOUSSA,as an individual, Defendants. X ROSS, United States District Judge: Plaintiffs brought this action pursuant to the Fair Labor Standards Act("FLSA"),29 U.S.C. §§ 201 -19, and New York Labor Law("NYLL"),§§ 190-99 & 650-65. Plaintiffs sought to recover overtime and spread of hours wages allegedly due to them, as well as liquidated damages, prejudgment interest, and statutory penalties for wage notice and statement violations. See Amended Complaint, EOF No. 41.1 held a two-day bench trial on September 12 and 13, 2016 to determine whether plaintiffs are entitled to back wages and other damages pursuant to their claims. See ECF Nos. 78, 79. On September 16, 2016, 1 issued an opinion holding that plaintiffs have proven, by a preponderance of the evidence, that defendants violated the FLSA's and NYLL's overtime provisions and failed to provide wage notices and statements as required under the NYLL. ECF No. 85. 1 awarded plaintiffs compensatory and liquidated damages, statutory damages, and prejudgment interest, and directed the parties to file calculations of damages. Id. at 58. In lieu of filing damages calculations, the parties reached an agreement to settle the case. On December 5, 2016, they submitted a joint request for approval of their settlement agreement. ECF /s/(ARR)

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