Schmehl v. Spokane County et al

Filing 14

ORDER GRANTING IN PART DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT RE: FLSA DAMAGES. Defendants Spokane County and Richard Lelands Motion for Partial Summary Judgment ECF No. 10 is GRANTED IN PART. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7
HOLLY SCHMEHL,
8

Case No: 2:18-CV-0157-TOR
Plaintiff,

9
v.
10
11
12

SPOKANE COUNTY and RICHARD
LELAND, in his personal capacity,

ORDER GRANTING IN PART
DEFENDANTS’ MOTION FOR
PARTIAL SUMMARY JUDGMENT
RE: FLSA DAMAGES

Defendants.

13
14

BEFORE THE COURT is Defendants Spokane County and Richard

15

Leland’s Motion for Partial Summary Judgment (ECF No. 10). The Motion was

16

submitted without a request for oral argument. In the Motion, Defendants request

17

the Court enter partial summary judgment on the issue of damages available under

18

the Fair Labor Standards Act for a violation of 29 U.S.C. § 207(r). As discussed

19

below, the Motion (ECF No. 10) is granted in part.

20
ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT RE: FLSA DAMAGES ~ 1

1

Plaintiff Holly Schmehl is asserting a Fair Labor Standards Act claim based

2

on an alleged violation of 29 U.S.C. § 207(r). ECF No. 1-1 at 7. Section 207(r)

3

requires employers to provide (1) a reasonable break time to express breast milk

4

for 1 year after the child’s birth and (2) a place, other than a bathroom, that is

5

shielded from view and free from intrusion from coworkers and the public which

6

may be used for such. Section 207(r)(2) provides that an employer shall not be

7

required to compensate an employee for the break. The “Penalties” provision of

8

the FLSA, 29 U.S.C. § 216, provides in relevant part:

9
10

Any employer who violates the provisions of section 206 or section 207 of
this title shall be liable to the employee or employees affected in the amount
of their unpaid minimum wages, or their unpaid overtime compensation, as
the case may be, and in an additional equal amount as liquidated damages.

11
***
12
13

The court in such action shall, in addition to any judgment awarded to the
plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the
defendant, and costs of the action.

14
15
16

29 U.S.C. § 216(b).
Defendants request the Court enter an Order holding that “damages [] that

17

can be recovered by Plaintiff [] under her [FLSA claim, 29 U.S.C. § 207(r)] are

18

limited to (1) unpaid minimum wages, and (2) unpaid overtime compensation.”

19

ECF No. 10 at 1. Plaintiff filed a Reply, conceding: “Defendants are correct that

20

damages [for the FLSA claim] are limited to the amount of Ms. Schmehls’ unpaid
ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT RE: FLSA DAMAGES ~ 2

1

wages, including any unpaid overtime, and attorney’s fees and costs.” ECF No. 12

2

at 1. Defendants filed a Reply clarifying “unpaid minimum wages” are

3

recoverable, as opposed to “unpaid wages.” ECF No. 13 at 2-3. Defendants also

4

contend the issue of attorney’s fees is not yet before the Court. ECF No. 13 at 3.

5

Title 29 U.S.C. § 216, unambiguously states that an employer is liable to the

6

employee for “unpaid minimum wages, or their unpaid overtime compensation, as

7

the case may be, and in an additional equal amount as liquidated damages.” The

8

statute further provides that “[t]he court in such action shall, in addition to any

9

judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to

10

be paid by the defendant, and costs of the action.” 29 U.S.C. § 216. As such, the

11

Court finds that 29 U.S.C. § 216 provides an employee the following remedies for

12

a violation of 29 U.S.C. § 207(r): (1) “unpaid minimum wages, or their unpaid

13

overtime compensation, as the case may be,” plus, (2) liquidated damages equal to

14

this amount, and (3) “a reasonable attorney’s fee” and costs. Given Plaintiff’s

15

concession, Plaintiff is limited to these remedies under her FLSA cause of action. 1

16
17

1

18

Congress did not amend 29 U.S.C. § 216 at that time. See Patient Protection and

19

Affordable Care Act, PL 111-148, March 23, 2010, 124 Stat. 119 at 577-578. This

20

left what seems to be an accidental result as expressed by the Department of Labor:

In 2010, Congress amended the FLSA to include 29 U.S.C. § 207(r), but

ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT RE: FLSA DAMAGES ~ 3

1
2
3
4
5
6

ACCORDINGLY, IT IS HEREBY ORDERED:
Defendants Spokane County and Richard Leland’s Motion for Partial
Summary Judgment (ECF No. 10) is GRANTED IN PART.
The District Court Executive is directed to enter this Order and furnish
copies to the parties.
DATED January 11, 2019.

7
8
THOMAS O. RICE
Chief United States District Judge

9
10
11
12

“Because employers are not required to compensate employees for break time to

13

express breast milk, in most circumstances there will not be any unpaid minimum

14

wage or overtime compensation associated with the failure to provide such

15

breaks.” See Reasonable Break Time for Nursing Mothers, 75 FR 80073-01. This

16

has led at least one court to label Section 207(r) as “toothless”. See Hicks v. City of

17

Tuscaloosa, 2015 WL 6123209, at *28 (N.D. Ala. Oct. 19, 2015). Other statutes

18

may fill that gap. See e.g., Mayer v. Prof’l Ambulance, LLC, 211 F. Supp. 3d 408,

19

416 (D.R.I. 2016); Clark v. City of Tucson, 2018 WL 1942771 (D. Ariz. Apr. 25,

20

2018).
ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT RE: FLSA DAMAGES ~ 4