Kyung Kun Song v. Doperation, Inc., d/b/a Ju Makk, d/b/a Ki-Sa-Sik-Dang, Dohyun Kim, Michelle, potentially known as Young Jeong, Sujin Yi, a/k/a Jujin Kim, a/k/a Gem Sujin

CourtDistrict Court, E.D. New York
DecidedMay 26, 2026
Docket1:25-cv-01254
StatusUnknown

This text of Kyung Kun Song v. Doperation, Inc., d/b/a Ju Makk, d/b/a Ki-Sa-Sik-Dang, Dohyun Kim, Michelle, potentially known as Young Jeong, Sujin Yi, a/k/a Jujin Kim, a/k/a Gem Sujin (Kyung Kun Song v. Doperation, Inc., d/b/a Ju Makk, d/b/a Ki-Sa-Sik-Dang, Dohyun Kim, Michelle, potentially known as Young Jeong, Sujin Yi, a/k/a Jujin Kim, a/k/a Gem Sujin) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kyung Kun Song v. Doperation, Inc., d/b/a Ju Makk, d/b/a Ki-Sa-Sik-Dang, Dohyun Kim, Michelle, potentially known as Young Jeong, Sujin Yi, a/k/a Jujin Kim, a/k/a Gem Sujin, (E.D.N.Y. 2026).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------

KYUNG KUN SONG,

MEMORANDUM & ORDER Plaintiff, 25-CV-1254 (MKB)

v.

DOPERATION, INC., d/b/a Ju Makk, d/b/a Ki-Sa- Sik-Dang, DOHYUN KIM, MICHELLE, potentially known as Young Jeong, SUJIN YI, a/k/a Jujin Kim, a/k/a Gem Sujin,

Defendants. --------------------------------------------------------------- MARGO K. BRODIE, United States District Judge:

Plaintiff Kyung Kun Song commenced this action on March 5, 2025 against Defendants Doperation, Inc., doing business as Ju Makk, and doing business as Ki-Sa-Sik-Dang (“Doperation”); Dohyun Kim; Michelle, potentially known as Young Jeong, also known as Michelle Sung Hee Son; and Sujin Yi, also known as Gem Sujin, also known as Sujin Kim. (Compl., Docket Entry No. 1.) Plaintiff alleges that Defendants violated the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”), the New York Labor Law, N.Y. Lab. Law §§ 190 et seq. and 650 et seq. (“NYLL”), and the New York Codes, Rules and Regulations, N.Y. Comp. Codes R. & Regs. tit. 12, § 146 (“NYCRR”) by failing to: (1) pay minimum wages, (2) pay overtime compensation for hours worked in excess of forty hours per week, (3) maintain accurate time and payroll records, (4) pay spread-of-hours compensation for work days exceeding ten hours, (5) furnish required wage notices and statements, and (6) post or otherwise provide notice of employee rights. (Compl. ¶¶ 52–95.) On March 11, 2025, the Clerk of Court referred this case to the Court-Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d).1 (Not. Designating Case to Arbitration.) On October 10, 2025, the arbitrator issued an award in favor of Plaintiff against Doperation and Dohyun Kim (collectively, “Defendants”) in the amount of $87,799.00, plus prejudgment interest from June 1, 2024, and reasonable attorneys’ fees and costs (“Award”),

which the Clerk of Court entered on November 12, 2025. (J. Arbitration Award, Docket Entry No. 24; see Order dated Oct. 10, 2025). On November 24, 2025, Plaintiff moved to confirm the Award in the full amount of $87,799.00,2 attorneys’ fees in the amount of $68,888.00, costs in the amount of $6,955.25, prejudgment interest in the amount of $11,452.36 (9% per annum on the Award from June 1, 2024 through November 12, 2025), and post-judgment interest pursuant to 28 U.S.C. § 1961 on the entire money judgment from November 12, 2025 until the judgment is satisfied.3 Defendants

1 Local Civil Rule 83.7(d) requires automatic referrals to arbitration in cases where monetary damages do not exceed $150,000, excluding social security cases, tax matters, prisoners’ civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. § 1343. (See Not. Designating Case to Arbitration, Docket Entry No. 7.)

2 (Pl.’s Notice of Mot. for Attorneys’ Fees and Mem. in Supp. of Pl.’s Mot (“Pl.’s Mem.”), Docket Entry No. 25; Decl. of Michael H. Ryu (“Ryu Decl.”), appended to Pl.’s Mem., Docket Entry No. 25-1; Defs.’ Mem. in Opp’n to Pl.’s Mot. (“Defs.’ Opp’n”), Docket Entry No. 27; Pl.’s Reply in Supp. of Pl.’s Mot. (“Pl.’s Reply”), Docket Entry No. 28.)

3 Plaintiff also moves for relief pursuant to NYLL § 198(4), (Pl.’s Mem. 2), which states that “[a]ny judgment or court order awarding remedies under this section shall provide that if any amounts remain unpaid upon the expiration of ninety days following issuance of judgment, or ninety days after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of judgment shall automatically increase by fifteen percent.” NYLL § 198(4); see also Leo v. Province Therapeutics, LLC, No. 23-CV-05418, 2024 WL 2923945, at *6 (E.D.N.Y. May 21, 2024), report and recommendation adopted, 2024 WL 2891798 (E.D.N.Y. June 10, 2024). The increase applies only to Plaintiff’s damages awarded under the NYLL. oppose Plaintiff’s motion for attorneys’ fees in the amount of $68,799.00 but do not oppose the other forms of relief requested by Plaintiff. (Defs.’ Opp’n 2.)4 For the reasons explained below, the Court awards prejudgment interest in the amount of $11,452.36 and post-judgment interest and grants Plaintiff’s motion for attorneys’ fees and costs in the amounts of $40,835.00 and $6,955.25, respectively.

I. Background a. The parties Plaintiff is a former employee of Doperation and resides in Queens, New York. (Compl. ¶ 1.) Doperation is a New York corporation “operating a restaurant” with its place of business in Flushing, New York. (Id. ¶ 6.) Plaintiff alleged that Defendants Kim, Sung Hee Son, and Yi were owners, supervisors, and managers of the restaurant. (Id. ¶¶ 7–9.) In addition, Plaintiff alleges that all Defendants “set Plaintiff’s work schedule,” “set Plaintiff’s pay,” “interviewed Plaintiff for hiring,” “participated in and approved of the pay practices of the restaurant,” “managed, supervised, established, administered or exercised authority over the terms and

conditions of Plaintiff’s employment,” “assigned work or participated in assigning work,” and “had the power and authority to discipline Plaintiff.” 5 (Id. ¶¶ 41–44.)

Lopez v. Martha’s Cocina Mexicana, LLC, No. 23-CV-2053, 2023 WL 9603828, at *16 n.13 (E.D.N.Y. Dec. 27, 2023) (“The increase applies only to damages awarded under state law.”).

4 Because the parties’ motion papers are not paginated, (see generally Pl.’s Mem., Defs.’ Opp’n, Pl.’s Reply), the Court refers to the page numbers assigned by the electronic case filing system.

5 Plaintiff alleges that Defendants were engaged in interstate commerce, including by purchasing and using goods imported from outside New York and operating a business with annual gross revenue exceeding $500,000. (Compl. ¶¶ 29–36, 40.) b. Plaintiff’s allegations in the Complaint Plaintiff was employed as a cook at Doperation from approximately January 2, 2024 through September 22, 2024. (Id. ¶¶ 12–13.) First, Plaintiff alleges that he worked “5 days a week minimum 12 hours per day all throughout his employment,” totaling “at least sixty hours per each work week,” including “40 hours of regular hours and 20 hours exceeding 40 hours per

work week.” (Id. ¶ 14.) Second, Plaintiff alleges that he was a “non-exempt employee” within the meaning of the FLSA and NYLL. (Id. ¶ 50.) With respect to compensation, Plaintiff alleges that his pay varied over the course of his employment. (Id. ¶¶ 16–26.) For an initial period from January 2, 2024 through approximately March 19, 2024, Defendants “refused to pay Plaintiff $300 per day,” instead telling him “that they would pay $5,000 for the entire period,” but “did not even pay that at all.” (Id. ¶ 17.) Plaintiff further alleges that Defendants “did not pay even the principal of the weekly pay of $9,700” during this period.6 (Id. ¶ 21.) From approximately January 2, 2024 through July of 2024, Plaintiff alleges that he was paid a flat weekly wage of $1,500. (Id. ¶ 20.) Beginning in or about August of 2024 and continuing through the end of his employment on September 22, 2024,

Plaintiff alleges that Defendants reduced his compensation to $250 per day, or approximately $1,250 per week. (Id. ¶¶ 19–20, 26.) Plaintiff alleges that these payments did not include proper overtime compensation for hours worked in excess of forty hours per week and that his compensation fell below the applicable minimum wage. (Id. ¶¶ 25–28, 51.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hensley v. Eckerhart
461 U.S. 424 (Supreme Court, 1983)
Blum v. Stenson
465 U.S. 886 (Supreme Court, 1984)
Farrar v. Hobby
506 U.S. 103 (Supreme Court, 1992)
Konits v. Karahalis
409 F. App'x 418 (Second Circuit, 2011)
Millea v. Metro-North Railroad
658 F.3d 154 (Second Circuit, 2011)
Albert Farbotko v. Clinton County Of New York
433 F.3d 204 (Second Circuit, 2005)
Townsend v. BENJAMIN ENTERPRISES, INC.
679 F.3d 41 (Second Circuit, 2012)
Simmons v. New York City Transit Authority
575 F.3d 170 (Second Circuit, 2009)
Barfield v. New York City Health & Hospitals Corp.
537 F.3d 132 (Second Circuit, 2008)
Malletier v. Apex Creative International Corp.
687 F. Supp. 2d 347 (S.D. New York, 2010)
E.S. Ex Rel. B.S. v. Katonah-Lewisboro School District
796 F. Supp. 2d 421 (S.D. New York, 2011)
Kahlil v. Original Old Homestead Restaurant, Inc.
657 F. Supp. 2d 470 (S.D. New York, 2009)
Sulkowska v. City of New York
170 F. Supp. 2d 359 (S.D. New York, 2001)
Fisher v. SD Protection Inc.
948 F.3d 593 (Second Circuit, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
Kyung Kun Song v. Doperation, Inc., d/b/a Ju Makk, d/b/a Ki-Sa-Sik-Dang, Dohyun Kim, Michelle, potentially known as Young Jeong, Sujin Yi, a/k/a Jujin Kim, a/k/a Gem Sujin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kyung-kun-song-v-doperation-inc-dba-ju-makk-dba-ki-sa-sik-dang-nyed-2026.