United States District Court, D. Arizona
FINDINGS OF FACT AND FINAL JUDGMENT
Honorable Eileen S. Willett United States Magistrate Judge.
on the evidence and testimony given at the properly noticed
hearing held on November 29, 2018, the Court hereby finds as
follows and enters judgment as follows:
Court has jurisdiction over the subject matter and the
parties hereto pursuant to 29 U.S.C. § 216(b) and 28
U.S.C. § 1331.
Venue is proper under 28 U.S.C. § 1391(b) because all of
the events or omissions giving rise to this matter occurred
in this District.
Plaintiff brought this action against Defendant for unlawful
failure to pay overtime wages in direct violation of the Fair
Labor Standards Act, 28 U.S.C. § 201 et seq.
(“FLSA”) and Arizona's Minimum Wage Act
A.R.S. § 23-363 et seq.
Defendant had a consistent policy and practice of requiring
its employees to work well in excess of forty (40) hours per
week without paying them time and a half for hours worked
over forty (40) hours per week and not paying minimum wage.
Under Arizona law, employers are required to pay minimum
wage, set by the State at a rate of $8.05 during the time
Plaintiff worked for Defendant from June 21, 2016 to
September 19, 2016.
employer who fails to properly pay minimum wages to an
employee is liable to the employee in the amount of wages
owed, interest on the unpaid wages, and as damages “an
additional amount equal to twice the underpaid wages.”
A.R.S. § 23-364(G).
provisions set forth in 29 U.S.C. § 207 of the FLSA
apply to Defendant.
all relevant times, Defendant was and continues to be an
“employer” as defined in 29 U.S.C. § 203(d).
Defendant should be deemed an “employer” for
purposes of the FLSA including, without limitation, 29 U.S.C.
all times material to this action, Defendant was and
continues to be an “enterprise engaged in commerce or
in the production of goods for commerce” as defined by
29 U.S.C. § 203(s)(1).
Plaintiff engaged in commerce or in the production of goods
for commerce and is therefore individually covered under the
FLSA pursuant to 29 ...