The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
D.W., by next of friend and mother
CLARISSA BROWN, )
)
Plaintiff, )
)
v. ) No.: 1:24-cv-82-TAV-CHS
)
BAY WATER, LLC, )
)
Defendant. )
MEMORANDUM OPINION
This civil action is before the Court on plaintiff’s Motion for Entry of Default
Judgment Pursuant to Fed. R. Civ. P. 55(b)(2) [Doc. 18]. For the reasons set forth below,
plaintiff’s motion [Doc. 18] will be GRANTED.
I. Background
The Court takes as true the factual allegations in the complaint. Bogard v. Nat’l
Credit Consultants, No. 1:12-CV-2509, 2013 WL 2209154, at *3 (N.D. Ohio May 20,
2013). Defendant owns and operates a restaurant called DosBros Fresh Mexican Grill,
located in Chattanooga, Tennessee [Doc. 1 ¶ 3]. Plaintiff is a minor, who is 16 years old,
and Clarissa Brown is plaintiff’s custodial parent [Id. ¶¶ 4–5].1 Plaintiff was employed by
defendant as a dishwasher at the restaurant from approximately July 2023 to December 29,
2023 [Id. ¶ 6]. Defendant agreed to pay plaintiff a specific hourly rate for his work, but
failed to pay plaintiff Any compensation for his last two weeks of employment [Id. ¶¶ 7–8].
1 Although he was 16 years old at the time of the complaint, plaintiff is now 17 years old
[See Doc. 18-1 ¶ 1].
Plaintiff repeatedly asked defendant to pay him for his last two weeks of work, but
defendant refused to pay [Id. ¶ 10].
Plaintiff filed this action on February 23, 2024, alleging violation of the Fair Labor
Standards Act (“FLSA”) for failure to pay plaintiff a minimum wage of at least $7.25 an
hour for the hours he worked during his final two workweeks [Id. ¶¶ 16–17]. Plaintiff
seeks back pay and an equal amount of liquidated damages [Id. ¶¶ 18–19]. Plaintiff also
alleges a claim for breach of contract [Id. ¶¶ 21–24].
On March 7, 2024, plaintiff filed the summons returned executed as to defendant
[Doc. 7]. On August 5, 2024, plaintiff applied to the Clerk of Court for an entry of default
as to defendant because it failed to respond or otherwise defend in this action [Docs. 9, 10],
and the Clerk entered default on September 26, 2024 [Doc. 12]. Plaintiff now seeks a
default judgment against defendant [Doc. 18].
II. Analysis
Federal Rule of Civil Procedure 55 “contemplates a two-step process for obtaining
a default judgment against a defendant who has failed to plead or otherwise defend.”
Banner Life Ins. Co. v. Columbia State Bank, No. 3:19-CV-119, 2020 WL 3977635, at *1
(E.D. Tenn. July 14, 2020). “First, pursuant to Rule 55(a), a plaintiff must request from
the Clerk of Court an entry of default, describing the particulars of the defendant’s failure
to plead or otherwise defend.” Id. If the clerk enters default, “the plaintiff must then move
the Court for entry of default judgment pursuant to Rule 55(b).” Id. Pursuant to Rule
55(b), a default can be entered by the Clerk “[i]f the plaintiff’s claim is for a sum certain
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or a sum that can be made certain by computation[.]” Fed. R. Civ. P. 55(b)(1). But “[i]n
all other cases, the party must apply to the court for a default judgment.” Fed. R. Civ. P.
55(b)(2).
Proceeding under Rule 55(b)(2), after the Clerk has entered default, the court must
take the complaint’s factual allegations as true. Bogard, 2013 WL 2209154, at *3.
However, the Court must determine whether the factual allegations “are sufficient to state
a claim for relief as to [the] cause of action for which the plaintiff seeks default judgment.”
J & J Sports Prods., Inc. v. Rodriguez, No. 1:08-CV-1350, 2008 WL 5083149, at *1 (N.D.
Ohio Nov. 25, 2008) (citation omitted). Although the Court takes factual allegations
regarding liability as true, the plaintiff must prove the amount of damages. Bogard, 2013
WL 2209154, at *3.
A. Sufficiency of the Complaint
Plaintiff alleges defendant is liable under the FLSA for failure to pay a minimum
wage. “Congress passed the FLSA with broad remedial intent.” Keller v. Miri
Microsystems, LLC, 781 F.3d 799, 806 (6th Cir. 2015). “The FLSA requires employers to
pay employees engaged in commerce a wage consistent with the minimum wage[.]” Id.
(internal quotation marks and alterations omitted). Currently, that minimum wage is $7.25
per hour. Crowell v. M Street Entertainment, LLC, 670 F. Supp. 3d 563, 581 (M.D. Tenn.
2023) (citing 29 U.S.C. § 206(a)(1)(C)). An employer violates § 206 of the FLSA “when
it fails to pay a minimum-wage worker for the full number of hours []he worked in a timely
manner.” Athan v. United States Steel, 364 F. Supp. 3d 748, 753 (E.D. Mich. 2019).
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“Under the FLSA, only employees are entitled to . . . minimum-wage
compensation.” Keller, 781 F.3d at 806. The FLSA defines an “employee” as “any
individual employed by an employer.” Id. at 807 (quoting 29 U.S.C. § 203(e)(1)). The
Sixth Circuit has interpreted “employees” within the FLSA to mean “those who as a matter
of economic reality are dependent upon the business to which they render service.” Id.
(quoting Brandel, 736 F.2d at 1116).
Here, plaintiff has alleged that he was employed by defendant as a dishwasher in its
Chattanooga restaurant [Doc. 1 ¶ 6]. Plaintiff alleges that defendant was an “employer”
within the meaning of § 203(d) of the FLSA, and plaintiff was an “employee” within the
meaning of § 203(e)(1) of the FLSA [Id. ¶¶ 11–12]. And, plaintiff alleges, defendant failed
to pay him any compensation for the hours he worked during his last two weeks of his
employment with defendant [Id. ¶¶ 8–9, 17]. Consequently, the Court finds that the
complaint sufficiently alleges that defendant violated the FLSA by failing to pay him a
minimum wage for the final two weeks of his employment.
Plaintiff also raises a state law claim of breach of contract. “In Tennessee, the
essential elements of a breach of contract claim are as follows: (1) the existence of an
enforceable contract, (2) nonperformance amounting to a breach of the contract, and
(3) damages caused by the breach of the contract.” McClanahan v. State Farm Life Ins.
Co., 660 F. Supp. 3d 728, 737 (W.D. Tenn. Mar. 9, 2023).
Plaintiff has alleged that defendant agreed to pay him a specific hourly rate for his
work [Doc. 1 ¶ 7], and that such agreement was an enforceable contract under Tennessee
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law [Id. ¶ 22]. Plaintiff alleges that defendant thereafter failed to pay him any
compensation for the final two weeks of his employment, in breach of that agreement [Id.
¶¶ 8–9, 23]. Moreover, plaintiff alleges that he sustained damages through the loss of
compensation for hours worked [Id. ¶ 24]. The Court finds that the complaint sufficiently
alleges that defendant breached a contract with plaintiff by failure to pay him any
compensation for hours worked during his final two weeks of employment.
B. Damages
Turning to the appropriate remedy, plaintiff seeks back pay/lost wages and
liquidated damages.2 Although the Court must take as true the factual allegations regarding
liability in the complaint, plaintiff must prove the appropriate amount of damages. Bogard,
2013 WL 2209154, at *3. In determining damages, “[t]he Court may rely on affidavits
[and other materials] . . . without the need for a hearing.” Dirs. of the Ohio Conf. of
Plasterers & Cement Masons Combined Funds, Inc. v. Akron Insulation & Supply, Inc.,
No. 5:16-CV-1674, 2018 WL 2129613, at *5 (N.D. Ohio May 8, 2018). “Under the FLSA,
successful claimants are entitled to ‘the payment of wages lost’ as a result of the FLSA
violations, plus ‘an additional equal amount as liquidated damages.’” Crowell v. M. Street
Entertainment, LLC, 670 F. Supp. 3d 563, 572 (M.D. Tenn. 2023) (quoting 28 U.S.C.
§ 216(b)).
As to wages lost, plaintiff has filed a declaration stating that he was paid $9.25 an
2 Although the complaint asks for interest and attorney’s fees [Doc. 1, pp. 3–4], plaintiff
does not appear to request any award of interest or attorney fees in his motion for default judgment
[See Doc. 18].
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hour for his work as a dishwasher at defendant’s restaurant [Doc. 18-1 ¶ 2]. During his
last two weeks of work, for which he received no compensation, he worked 18 hours each
week, for a total of 36 hours [Id. ¶ 3]. Based on this, the Court finds that defendant is
entitled to an award of lost wages in the amount of $333 ($9.25 x 36 hours).
Turning to liquidated damages, the Court notes that, “[l]iquidated damages [under
the FLSA] do not include regular wages; only minimum wages or overtime pay should be
doubled.” Garcia v. Jac-Co Constr., Inc., No., 2:23-cv-2485, 2024 WL 2303962, at *5
(W.D. Tenn. May 21, 2024). Accordingly, plaintiff’s recovery of liquidated damages is
limited to the unpaid minimum wage amount. As noted previously, the current minimum
wage is $7.25 an hour. See 29 U.S.C. § 206(a)(1)(C). Based on this, the Court finds that
defendant is entitled to an award of liquidated damages in the amount of $261 ($7.25 x 36
hours).
In total, the Court finds that plaintiff is entitled to damages in the amount of $594.
III. Conclusion
For the foregoing reasons, the Court finds plaintiff is entitled to a default judgment
as to his FLSA and breach of contract claims against defendant. Accordingly, plaintiff’s
motion [Doc. 18] will be GRANTED. The Court will ORDER that plaintiff recover from
defendant a total sum of $594. The Clerk of Court will be DIRECTED to CLOSE this
case. A separate order will enter.
ENTER:
s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE
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