Chen et al v. WAI ? Cafe Inc. et al

Filing 22

OPINION AND ORDER: Judgment shall be entered in favor of the plaintiffs and against the defendants Wai ? Cafe Inc. and Wai Yin Chan, jointly and severally, on the plaintiffs' New York Labor Law claims as set forth herein. The plaintiffs' claims under the FLSA are dismissed. The Clerk of Court shall enter judgment accordingly and close this case. (Signed by Magistrate Judge James C. Francis on 3/26/2012) Copies Mailed By Chambers. (ft)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - -:
YONG KUI CHEN, ZU GUANG ZHU,
:
HAO CHEN, SHUI BING ZHU, GUO REN
:
HUANG and YOU HUANG ZHU, on behalf :
of themselves and others similarly :
situated,
:
Plaintiffs,
:
:
- against :
:
WAI? CAFÉ INC. and WAI YIN CHAN,
:
:
Defendants.
:
- - - - - - - - - - - - - - - - - -:
JAMES C. FRANCIS IV
UNITED STATES MAGISTRATE JUDGE

(ECF)

10 Civ. 7254 (JCF)
OPINION
AND ORDER

The plaintiffs in this case bring claims for unpaid wages,
overtime, and spread of hours pay pursuant to the Fair Labor
Standards Act (the “FLSA”), 29 U.S.C. § 201 et seq. and New York
Labor Law against their former employer, Wai ? Café Inc. (“Wai ?
Café”), and its owner, Wai Yin Chan.

The parties consented to

proceed before me for all purposes in accordance with 28 U.S.C. §
636(c) and agreed to try liability issues to a jury, reserving for
me the calculation of damages.

Shortly before trial, defendants’

counsel was relieved, and Mr. Chan proceeded to trial pro se.
Because the corporate defendant failed to appear by counsel at
trial, it was held to be in default.

Plaintiff Yong Kui Chen did

not attend the trial, and his claims were therefore dismissed. The
claims

of

Jian

Hui

Lin,

who

was

1

not

named

in

the

original

Complaint, but who had submitted a form indicating his consent to
sue under the FLSA, were submitted to the jury.
The trial was held on February 6 and 7, 2012.

At the close of

the evidence, the jury was asked to make liability determinations
with respect to each of the plaintiffs’ claims and to make factual
findings that would serve as the basis for calculating damages.
Liability
A threshold issue in any FLSA case is whether the plaintiffs
are “covered” employees under the statute.

“The FLSA minimum-wage

and overtime provisions apply only to employees who are (1)
personally engaged in interstate commerce or in the production of
goods for interstate commerce (so-called ‘individual coverage’), or
(2) [were] employed in an enterprise engaged in interstate commerce
or in the production of goods for interstate commerce (so-called
‘enterprise coverage’).”

Garcia v. Serpe, No. 3:08cv1662, 2012 WL

380253, at *4 (D. Conn. Feb. 6, 2012) (alteration in original)
(quotation marks and citations omitted).

Here, the plaintiffs

never contended that they personally performed work related to the
production of goods transported across state lines, so individual
coverage is not triggered.

To establish enterprise coverage, the

plaintiffs must demonstrate that the employees “engage in commerce
or handle, sell, or otherwise work on goods and materials that have
been moved in commerce, and [] the enterprise has at least $500,000
2

in annual gross volume of sales made or business done.” Solis v.
Cindy’s Total Care, Inc., No. 10 Civ. 7242, 2012 WL 28141, at *15
(S.D.N.Y. Jan. 5, 2012) (citing 29 U.S.C. § 203(s)(1)).

At trial,

the jury found that the plaintiffs had not shown that Wai ? Café’s
annual gross receipts exceeded $500,000.00.

The FLSA claims must

therefore be dismissed.
Nevertheless, I will retain supplemental jurisdiction over the
plaintiffs’ claims under New York Labor Law. Pursuant to 28 U.S.C.
§ 1367, a federal district court that has original jurisdiction
over a civil action may also exercise jurisdiction over other
claims unless certain exceptions apply.

Where all federal claims

are dismissed prior to trial, it is generally appropriate to
dismiss without prejudice any state claims.
Corp. v. Uzan, 388 F.3d 39, 56 (2d Cir. 2004).

See Motorola Credit
However, where the

parties and the court have expended substantial resources in
preparation for trial, and particularly where a case has actually
been tried, it is appropriate to retain jurisdiction over state
claims even when the federal claims are dismissed.

See id.

(approving exercise of supplemental jurisdiction over state claims
tried in conjunction with federal claims that were subsequently
dismissed); Nowak v. Ironworkers Local 6 Pension Fund, 81 F.3d
1181, 1191-92 (2d Cir. 1996) (allowing supplemental jurisdiction
where case had proceeded for more than a year and federal claims
3

were dismissed only nine days before scheduled trial); Purgess v.
Sharrock, 33 F.3d 134, 138 (2d Cir. 1994) (where dismissal of
federal claim occurs “late in the action, after there has been
substantial expenditure in time, effort, and money in preparing the
dependent claims, knocking them down with a belated rejection of
supplemental jurisdiction may not be fair.

Nor is it by any means

necessary.”).
This is such a case.

The parties completed discovery, submitted

the pretrial order, and tried a case in which the federal and state
claims were based on the same constellation of facts.

In such

circumstances, the exercise of supplemental jurisdiction over the
remaining state claims is warranted.
With respect to the remaining liability issues, the jury
concluded that each plaintiff had been denied the appropriate
minimum wage, overtime, and spread of hours pay.

The jury also

found, however, that Mr. Chan had not acted willfully, thus
precluding the plaintiffs from an award of liquidated damages.
N.Y. Labor Law § 663(1).
Damages
Following trial, the parties were invited to submit proposed
damages calculations based on the jury’s findings as to the periods
of time each plaintiff worked, the hours that plaintiff worked each
week, and the amount he was actually paid.
4

The plaintiffs made

such a submission, and also indicated that they were waiving any
claim for attorneys’ fees. (Letter of C.K. Lee dated Feb. 14, 2012
(“Pl. Damages Statement”)). Mr. Chan did not file a response. The
following

determinations constitute my findings of fact and

conclusions of law pursuant to Rule 52(a) of the Federal Rules of
Civil Procedure.
The formulas used to calculate damages are the same for each
plaintiff.
difference

The

unpaid

between

the

minimum

wage

prevailing

(“MW”)
minimum

is

equal

wage

to

minus

the
the

plaintiff’s actual rate of pay (the “paid rate”) multiplied by the
number of hours worked in a week up to forty hours multiplied by
the number of weeks worked in the relevant period.

The overtime

(“OT”) owed is the difference between one and one-half times the
minimum wage and the paid rate multiplied by the number of hours
over forty multiplied by the number of weeks worked.

Finally, the

unpaid spread of hours (“SH”) equals the number of days worked over
ten hours multiplied by the minimum wage multiplied by the number
of weeks.

Based on this framework, the damages for each plaintiff

are as follows:

5

A. Zu Ghang Zhu
1. September 2004 - December 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

17.2 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 1.77) x (40) x (17.2)
= $2,325.44

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 1.77) x (39) x (17.2)
= $3,997.97

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (17.2)
= $575.77

Total

= $6,899.18
2. January 2005 - December 2005
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

52 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($6.00 - 1.77) x (40) x (52)
= $8,798.40

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($9.00 - 1.77) x (39) x (52)
= $14,662.44

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($6.00) x (52)
= $2,028.00

Total

= $25,488.84

6

3. January 2006 - December 2006
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

52 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($6.75 - 1.77) x (40) x (52)
= $10,358.40

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.13 - 1.77) x (39) x (52)
= $16,954.08

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($6.75) x (52)
= $2,281.50

Total

= $29,593.98
4. February 2007 - April 2007
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

13 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 1.77) x (40) x (13)
= $2,797.60

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 1.77) x (39) x (13)
= $4,542.72

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($7.15) x (13)
= $604.18

Total

= $7,944.50

7

5. May 2008 - July 23, 2009
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

59.6 weeks
72 hrs./wk.
$900/month
$2.91/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 2.91) x (40) x (59.6)
= $10,108.16

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 2.91) x (32) x (59.6)
= $14,914.30

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.15) x (59.6)
= $2,556.84

Total

= $27,579.30

6. July 24, 2009 - December 2009
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

23.8 weeks
72 hrs./wk.
$900/month
$2.91/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.25 - 2.91) x (40) x (23.8)
= $4,131.68

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.88 - 2.91) x (32) x (23.8)
= $6,069.95

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.25) x (23.8)
= $1,035.30

Total

= $11,236.93

8

7. January 2010 - August 2010
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

34.4 weeks
72 hrs./wk.
$1,000/month
$3.23/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.25 - 3.23) x (40) x (34.4)
= $5,531.52

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.88 - 3.23) x (32) x (34.4)
= $8,421.12

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.25) x (34.4)
= $1,496.40

Total

= $15,449.04

Zu Ghang Zhu Total = $124,191.77
B. Hao Chen
1. December 2003
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 1.77) x (40) x (4.3)
= $581.36

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 1.77) x (39) x (4.3)
= $999.49

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,724.79
9

2. January 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$650/month
$1.91/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 1.91) x (40) x (4.3)
= $557.28

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 1.91) x (39) x (4.3)
= $976.01

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,677.23
3. February 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$700/month
$2.06/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 2.06) x (40) x (4.3)
= $531.48

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 2.06) x (39) x (4.3)
= $950.86

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,626.28

10

4. March 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$750/month
$2.21/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 2.21) x (40) x (4.3)
= $505.68

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 2.21) x (39) x (4.3)
= $925.70

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,575.32
5. April 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$800/month
$2.36/hr.1

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 2.36) x (40) x (4.3)
= $479.88

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 2.34) x (39) x (4.3)
= $900.55

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,524.37

1

The plaintiffs incorrectly calculated the hourly rate at

$2.34.
11

6. May 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$850/month
$2.50/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 2.50) x (40) x (4.3)
= $455.80

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 2.50) x (39) x (4.3)
= $877.07

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,476.81
7. June 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$900/month
$2.65/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 2.65) x (40) x (4.3)
= $430.00

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 2.65) x (39) x (4.3)
= $851.92

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,425.86

12

8. July 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$950/month
$2.80/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 2.80) x (40) x (4.3)
= $404.20

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 2.80) x (39) x (4.3)
= $826.76

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,374.90
9. August 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$1,000/month
$2.94/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 2.94) x (40) x (4.3)
= $380.12

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 2.94) x (39) x (4.3)
= $803.28

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,327.34

13

10. September 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$1.050/month
$3.09/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 3.09) x (40) x (4.3)
= $354.32

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 3.09) x (39) x (4.3)
= $778.13

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,276.39
11. October 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$1,100/month
$3.24/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 3.24) x (40) x (4.3)
= $328.52

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 3.24) x (39) x (4.3)
= $752.97

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,225.43

14

12. November 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$1,150/month
$3.39/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 3.39) x (40) x (4.3)
= $302.72

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 3.39) x (39) x (4.3)
= $727.82

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,174.48
13. December 2004
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

4.3 weeks
79 hrs./wk.
$1,200/month
$3.53/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($5.15 - 3.53) x (40) x (4.3)
= $278.64

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($7.73 - 3.53) x (39) x (4.3)
= $704.34

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($5.15) x (4.3)
= $143.94

Total

= $1,126.92

15

14. January 2005 - December 2005
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

52 weeks
79 hrs./wk.
$1,200/month
$3.53/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($6.00 - 3.53) x (40) x (52)
= $5,137.60

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($9.00 - 3.53) x (39) x (52)
= $11,093.16

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($6.00) x (52)
= $2,028.00

Total

= $18,258.76
15. January 2006 - December 2006
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

52 weeks
79 hrs./wk.
$1,200/month
$3.53/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($6.75 - 3.53) x (40) x (52)
= $6,697.60

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.13 - 3.53) x (39) x (52)
= $13,384.80

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($6.75) x (52)
= $2,281.50

Total

= $22,363.90

16

16. January 2007 - April 2007
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

17.2 weeks
79 hrs./wk.
$1,200/month
$3.53/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 3.53) x (40) x (17.2)
= $2,490.56

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 3.53) x (39) x (17.2)
= $4,829.76

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($7.15) x (17.2)
= $799.37

Total

= $8,119.69
17. May 2008 - December 2008
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

34.4 weeks
72 hrs./wk.
$1,400/month
$4.52/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 4.52) x (40) x (34.4)
= $3,618.88

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 4.52) x (32)2 x (34.4)
= $6,635.97

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.15) x (34.4)
= $1,475.76

Total

= $11,730.61

2

The plaintiffs incorrectly state this figure as 39 hours
here and also for the next two periods.
17

18. January 2009 - July 23, 2009
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

29 weeks
60 hrs./wk.
$1,200/month
$4.65/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 4.65) x (40) x (29)
= $2,900.00

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 4.65) x (20) x (29)
= $3,526.40

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.15) x (29)
= $1,244.10

Total

= $7,670.50
19. July 24, 2009 - August 2010
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

53 weeks
60 hrs./wk.
$1,200/month
$4.65/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.25 - 4.65) x (40) x (53)
= $5,512.00

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.88 - 4.65) x (20) x (53)
= $6,603.80

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.25) x (53)
= $2,305.50

Total

= $14,421.30

Hao Chen Total = $101,100.88

18

C. You Huang Zhu
1. December 2008 - July 23, 2009
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

33.4 weeks
72 hrs./wk.
$700/month
$2.26/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 2.26) x (40) x (33.4)
= $6,533.04

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 2.26) x (32) x (33.4)
= $9,052.74

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.15) x (33.4)
= $1,432.86

Total

= $17,018.64
2. July 24, 2009 - December 2009
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

22.5 weeks
72 hrs./wk.
$700/month
$2.26/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.25 - 2.26) x (40) x (22.5)
= $4,491.00

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.88 - 2.26) x (32) x (22.5)
= $6,206.40

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.25) x (22.5)
= $978.75

Total

= $11,676.15

19

3. January 2010 - August 2010
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

34.4 weeks
72 hrs./wk.
$900/month
$2.91/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.25 - 2.91) x (40) x (34.4)
= $5,971.84

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.88 - 2.91) x (32) x (34.4)
= $8,773.38

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.25) x (34.4)
= $1,496.40

Total

= $16,241.62

You Huang Zhu Total = $44,936.41
D. Shui Bing Zhu
1. January 2006 - December 2006
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

52 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($6.75 - 1.77) x (40) x (52)
= $10,358.40

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.13 - 1.77) x (39) x (52)
= $16,954.08

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($6.75) x (52)
= $2,281.50

Total

= $29,593.98
20

2. January 2007 - February 2008
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

60.6 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 1.77) x (40) x (60.6)
= $13,041.12

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 1.77) x (39) x (60.6)
= $21,176.06

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($7.15) x (60.6)
= $2,816.39

Total

= $37,033.57
3. May 2008 - July 23, 2009
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

64 weeks
72 hrs./wk.
$700/month
$2.26/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 2.26) x (40) x (64)
= $12,518.40

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 2.26) x (32) x (64)
= $17,346.56

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.15) x (64)
= $2,745.60

Total

= $32,610.56

21

4. July 24, 2009 - March 2010
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

35.4 weeks
72 hrs./wk.
$700/month
$2.26/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.25 - 2.26) x (40) x (35.4)
= $7,065.84

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.88 - 2.26) x (32) x (35.4)
= $9,764.74

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.25) x (35.4)
= $1,539.90

Total

= $18,370.38

Shui Bing Zhu Total = $117,608.49
E. Guo Ren Huang
1. May 2008 - August 2008
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

17.2 weeks
72 hrs./wk.
$700/month
$2.26/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 2.26) x (40) x (17.2)
= $3,364.32

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 2.26) x (32) x (17.2)
= $4,661.89

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.15) x (17.2)
= $737.88

Total

= $8,764.09
22

2. September 2009 - August 2010
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

52 weeks
72 hrs./wk.
$900/month
$2.91/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.25 - 2.91) x (40) x (52)
= $9,027.20

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.88 - 2.91) x (32) x (52)
= $13,262.08

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6) x ($7.25) x (52)
= $2,262.00

Total

= 24,551.28

Guo Ren Huang Total = $33,315.37
F. Jian Hui Lin
1. April 2005 - December 2005
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

38.7 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($6.00 - 1.77) x (40) x (38.7)
= $6,548.04

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($9.00 - 1.77) x (39) x (38.7)
= $10,912.24

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($6.00) x (38.7)
= $1,509.30

Total

= $18,969.58
23

2. January 2006 - December 2006
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

52 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($6.75 - 1.77) x (40) x (52)
= $10,358.40

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.13 - 1.77) x (39) x (52)
= $16,954.08

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($6.75) x (52)
= $2,281.50

Total

= $29,593.98
3. January 2007 - April 2007
Number of weeks worked
Hours worked/week
Monthly salary
Paid rate

17.2 weeks
79 hrs./wk.
$600/month
$1.77/hr.

Unpaid MW

= (MW - Paid Rate) x (40 hours) x (Number of weeks)
= ($7.15 - 1.77) x (40) x (17.2)
= $3,701.44

Unpaid OT

= (1.5MW - Paid Rate) x (Hours over 40) x (# weeks)
= ($10.73 - 1.77) x (39) x (17.2)
= $6,010.37

Unpaid SH

= (days worked over 10 hrs.) x (MW) x (# weeks)
= (6.5) x ($7.15) x (17.2)
= $799.37

Total

= $10,511.18

Jian Hui Lin Total = $59,074.74

24

Conclusion
Judgment

shall

be entered in favor

against the defendants Wai ? Ca

the plainti

Inc. and Wai Yin Chan,

sand
jointly

and severally, on the plaintiffs' New York Labor Law claims as set
forth below:
Plaintiff

Amount

Zu Ghang Zhu

$124,191.77

Hao Chen

$101,100.88

You Huang Zhu

$44,936.41

Shui Bing Zhu

$117,608.49

Guo Ren Huang

$33,315.37

Jian Hui Lin

$59,074.74

The plaintiffs' claims under the FLSA are dismissed.

The Clerk of

Court shall enter judgment accordingly and close this case. 3
SO ORDERED.

u~ erl4~R'
JAMES C. FRANCIS IV
STATES MAGISTRATE JUDGE
Dated: New York, New York
March 26, 2012

3 The plaintiffs request that I "reapportion" the costs of the
interpreter who translated for both the plaintiffs and Mr. Chan at
trial.
(Pl. Damages Statement). This application is moot; as the
prevailing parties, the plaintiffs are entitled to costs, and
interpreter expenses are included among taxable costs.
28 U.S.C.
§ 1920 (6) .

25

Copies mailed this date to:
C.K. Lee, Esq.

Robert L. Kraselnik, Esq.

Kraselnik & Lee, PLLC

30 East 39th Street, 2nd Floor

New York, New York 10016
wai Yin Chan
54 Lyman Ave.
Staten Island, New York 10305

26