Harper v. Maverick General Contractors LLC

          FINDINGS OF FACT AND FINAL JUDGMENT

          Honorable Eileen S. Willett United States Magistrate Judge.

         Based 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:

         FINDINGS OF FACT

         1. This 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.

         2. 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.

         3. 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.

         4. 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.

         5. 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.

         6. An 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).

         7. The provisions set forth in 29 U.S.C. § 207 of the FLSA apply to Defendant.

         8. At all relevant times, Defendant was and continues to be an “employer” as defined in 29 U.S.C. § 203(d).

         9. Defendant should be deemed an “employer” for purposes of the FLSA including, without limitation, 29 U.S.C. § 216.

         10. At 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).

         11. Plaintiff engaged in commerce or in the production of goods for commerce and is therefore individually covered under the FLSA pursuant to 29 ...