Clements v. Prudential Protective Services, LLC

100 F. Supp. 3d 604, 2015 U.S. Dist. LEXIS 54419, 2015 WL 1897661
CourtDistrict Court, E.D. Michigan
DecidedApril 27, 2015
DocketNo. 11-cv-13340
StatusPublished
Cited by6 cases

This text of 100 F. Supp. 3d 604 (Clements v. Prudential Protective Services, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clements v. Prudential Protective Services, LLC, 100 F. Supp. 3d 604, 2015 U.S. Dist. LEXIS 54419, 2015 WL 1897661 (E.D. Mich. 2015).

Opinion

OPINION AND ORDER REGARDING PLAINTIFF’S MOTION FOR LIQUIDATED DAMAGES, ATTORNEYS’ FEES, COSTS AND INTEREST

GERALD E. ROSEN, Chief Judge.

• I. INTRODUCTION

This Family and Medical Leave Act case was tried before a jury in November 2014. At the conclusion of the four-day trial, the jury returned a verdict in" favor of the Plaintiff and awarded her $31,000.00 as compensatory damages. This matter is now before the Court on Plaintiffs post-trial motion for liquidated damages, attorneys’ fees and costs, accrued pre-judgment interest and post-judgment interest. Defendant responded in opposition to Plaintiffs Motion, to which response Plaintiff replied. The Court heard oral argument on this matter on March 30, 2015, apd at the conclusion of the hearing, took the matter under advisement.

Having had the opportunity to review the parties’ briefs, supporting documents, and the entire record of this matter, and having reviewed and considered the oral arguments of counsel, the Court is now prepared to rule on this matter. This Opinion and Order sets forth the Court’s decision.

II. DISCUSSION

A. LIQUIDATED DAMAGES

Section 2617 of the Family and Medical Leave Act (the “FMLA”), 29 U.S.C. § 2617, provides, in relevant part:

An employer who violates section 2615 of [the statute] shall be liable to any eligible employee affected (A) for damages equal to—
(i) the amount of—
(I) any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or
(II) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks (or 26 weeks, in a case involving leave under section 2612(a)(3) of this title) of wages or salary for the employee;
(ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and
(iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer who has violated section 2615 of this title proves to the satisfaction of the court that the act or omission which violated section 2615 of this title was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 2615 of this title, such court may, in the discretion of the court, reduce the [609]*609amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively.

29 U.S.C. § 2617(a)(1)(A) (emphasis added).

As provided in the statute, “any employer found to have violated the FMLA ‘shall be liable’ to the affected employee for lost wages, interest, and ‘an additional amount as liquidated damages equal to the sum of the amount’ of lost wages and interest.” Hernandez v. Bridgestone Americas Tire Operations, LLC, No. 4:13-cv-00374, 2015 WL 1600595 at *1 (S.D.Iowa Mar. 17, 2015) (quoting 29 U.S.C. § 2617(a)(1)) (emphasis added); see also Newcomb v. Corinth School Dist., 2015 WL 1505839 at *13 (N.D.Miss. Mar. 31, 2015) (Under the FMLA, a plaintiff “is entitled to liquidated damages, which equal ‘an additional amount in the sum of damages awarded for lost compensation plus interest. 29 U.S.C. § 2617(a)(1)(A).”); Williams v. Illinois Department of Corrections, 2007 WL 2316476 (S.D.Ill. Aug. 13, 2007) (“The FMLA provides that an employer who violates the action shall be liable for liquidated damages equal to the sum of the employee’s lost wages and the interest on that award”). “[Liquidated damages are not punitive in nature but are designed to compensate employees for the retention of their pay.” Firth v. Don McGill of West Houston, Ltd., 2006 WL 846377 at *1 n. 2 (S.D.Tex. Mar. 28, 2006), aff'd, 233 Fed.Appx. 346 (5th Cir.2007) (citing Snapp v. Unlimited Concepts, Inc., 208 F.3d 928, 934 (11th Cir.2000)); Thorson v. Geminin, Inc., 96 F.Supp.2d 882, 890-91 (N.D.Iowa 1999), aff'd, 205 F.3d 370 (8th Cir.2000) (citing Roy v. County of Lexington, S.C., 141 F.3d 533, 548 (4th Cir.1998) (“Liquidated damages are considered compensatory rather than punitive in nature.”); Reich v. S. New England Telecomm. Corp., 121 F.3d 58, 71 (2d Cir.1997)). Liquidated damages are not a disfavored penalty; they are “ ‘the norm, not the exception.’ ” Thorson, supra (quoting Shea v. Galaxie Lumber & Constr. Co., Ltd., 152 F.3d 729, 733 (7th Cir.1998)).

The “Good Faith” Exception to Liquidated Damages

As the statute makes clear, there is a strong presumption in favor of awarding liquidated damages, Thom v. Am. Std., Inc., 666 F.3d 968, 977 (6th Cir.2012), and a court may not exercise its discretionary authority to reduce or eliminate liquidated damages unless the employer first sustains its burden to prove “to the satisfaction of the court” both that it acted in good faith and that it had reasonable grounds to believe its actions did not violate the statute. Arban v. West Publishing Corp., 345 F.3d 390, 407-08 (6th Cir.2003). It is not the employee’s burden to disprove the employer’s good faith; rather the employer bears the “substantial burden” of proving its good faith and reasonableness. Nero v. Ind. Molding Corp. 167 F.3d 921, 933, n. 3 (5th Cir.1999). Further, the court must exercise its discretion “ ‘consistently with the strong presumption in favor of doubling.’ ” Thom, 666 F.3d at 976 (quoting Elwell v. Univ. Hosps. Home Care Servs., 276 F.3d 832, 840 (6th Cir.2002)) (emphasis supplied).

As the courts have noted, the FMLA does not define “good faith.” See Arban, supra, 345 F.3d at 407; Nero, 167 F.3d at 928; Jordan v. United States Postal Serv., 379 F.3d 1196, 1201-02 (10th Cir.2004).

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Bluebook (online)
100 F. Supp. 3d 604, 2015 U.S. Dist. LEXIS 54419, 2015 WL 1897661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clements-v-prudential-protective-services-llc-mied-2015.