Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 1:18-cv-01145
Judge: Amit P. Mehta
Court: United States District Court for the District of District of Columbia (Washington County)
Defendant's Attorney: No appearance
Description: Washington, DC employment law lawyers represented Plaintiff who sued Defendants on a Fair Labor Standards Act violation theory.
Plaintiff Juliana Gomez-Cruz worked at Cornerstone Café in Washington, D.C. for 13 years before her termination in November 2017. She brought this action against the cafe and its owners, Dae Woong Kim and Kookhee Park (collectively, "Defendants"), to recover the statutorily required minimum and overtime wages that she alleges were not paid during her employment. Defendants were properly served but failed to respond to Plaintiff's Complaint, after which Plaintiff obtained an entry of default. Plaintiff then moved for default judgment, seeking the relief requested in her Complaint.
What is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.
Who is affected by the Fair Labor Standards Act?
All employees that hold positions determined to be covered under the mandatory overtime provisions of the FLSA are covered. Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. All overtime-eligible employees must fill out a Time and Attendance Record [.xlxs] in order to comply with FLSA standards.
Visit Overtime Eligible - Documenting Hours Worked to find out more information on the state's process.
Who determines if a position is overtime eligible?
Each agency’s Human Resource Office determines the overtime eligibility status for all positions (Work Period Designation-WPD) based upon criteria established by the US Department of Labor. For more information, see WAC 357-28-240.
The State Human Resources Division (HR) is available to review work period designations for positions in your agency. Send request to State HR Classification and Compensation .
If your agency would like to change the work period designation from overtime eligible to overtime exempt or law enforcement you must request approval from State HR.
What are the Fair Labor Standards Act standards for overtime?
For all hours worked in excess of 40 during each work week, employees will receive overtime at the rate of one and one-half times the employee’s regular rate (WAC 357-28-260). Paid leave does not count as time worked for non-represented employees. If you are represented, employers and employees should review collective bargaining agreements for specific requirements concerning work period designations and overtime eligibility.
Who qualifies for exemption from minimum wage and overtime pay?
In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations. Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, computer and outside sales employees.
United States Department of Labor
Outcome: Motion for default judgement granted.