A federal judge ruled in time for Labor Day that a Larchmont nail salon failed to pay an employee mandatory overtime.
JianJing Lu sued Nails By Ann Inc., doing business as Nail House, and owner Myong Hee Kim, under the New York Labor Law and the federal Fair Labor Standards Act, in 2015.
U.S. District Judge Vincent L. Briccetti granted summary judgment to Lu on Sept. 1.
She worked at the salon as a nail technician from 2008 to 2015. She was paid $75 a day regardless of how many hours she worked by the day or week. She typically worked nine hours a day, except on Sundays when she worked six and a half hours.
Lu was paid in cash and she was not given a paystub or wage statements that described her compensation.
The nail salon argued that there was a tacit understanding that Lu could work additional days to make up for missed days. Weekly hours would eventually average out and not require overtime pay.
But that argument, Briccetti said, “essentially admits liability,” because state and federal law for flat-rate pay sets a weekly basis for determining overtime.
The nail salon also argued that it did not knowingly, deliberately or recklessly violate overtime laws, and that the violations could not have been willful because of cultural, linguistic and educational difficulties.
The judge found “no evidence of defendants’ good faith.” Lu had submitted a statement of facts, with a declaration and supporting exhibits. But Kim and the nail salon did not answer or submit evidence in response to Lu.
There is no dispute that Lu worked more than 40 hours a week, Briccetti ruled.
He said the uncontested evidence is that Lu is entitled to as much as $11,865 for unpaid overtime, damages and violations of wage disclosures.
At $75 a day, that would amount to 158 days or 32 weeks of compensation.