Perez v. Ocean View Seafood Restaurant, Inc.

217 F. Supp. 3d 868, 2016 U.S. Dist. LEXIS 187441, 2016 WL 6803779
CourtDistrict Court, D. South Carolina
DecidedNovember 17, 2016
DocketCIVIL ACTION NO. 3:13-03613-MGL
StatusPublished
Cited by4 cases

This text of 217 F. Supp. 3d 868 (Perez v. Ocean View Seafood Restaurant, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perez v. Ocean View Seafood Restaurant, Inc., 217 F. Supp. 3d 868, 2016 U.S. Dist. LEXIS 187441, 2016 WL 6803779 (D.S.C. 2016).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ AND PLAINTIFF’S MOTIONS FOR PARTIAL SUMMARY JUDGMENT

Mary Geiger Lewis, United States District Judge

I. INTRODUCTION

Plaintiff filed this case under § 17 of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 217, against Defendants: Ocean View Seafood Restaurant, Inc. : (Ocean View or the Restaurant), Charalambos I. [872]*872Syrigos, and Polizonis M. Skeparnis (collectively Defendants) to recover unpaid minimum wages and overtime compensation, together with an equal amount of liquidated damages, and to enjoin Defendants from violating certain provisions of the FLSA, as amended, 29 U.S.C. §§ 201-19; as well as § 16(c) of the FLSA, 29 U.S.C. § 216(c). This Court has jurisdiction over the matter under §§ 16(c) and 17 of the FLSA as well as 28 U.S.C. §§ 1381 and 1346.

Pending before the Court are Defendants’ and Plaintiffs Motions for Partial Summary Judgment, ECF Nos. 45 <& 44. Having considered the motions, the responses, the replies, the record, and the relevant law, the Court will grant Defendants’ and Plaintiffs Motions for Partial Summary Judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

Ocean View is a corporation with its principal place of business in Columbia, South Carolina. ECF No. 44 at 6. Syrigos and Skeparnis are business partners, who own 63% and 37% of Ocean View respectively. Id. The Restaurant has an annual gross revenue of at least $500,000. Id. Skeparnis is responsible for the day-to-day operations of the Restaurant and makes decisions about the business; keeps track of food and supplies; places necessary orders; pays the bills; supervises the staff; arranges the employees’ schedules; has the authority to hire, fire and discipline employees; and collects the time cards and enters the information into the data entry sheet submitted to the accountant for payroll. Id. at 7-8; ECF No. 49 at 4.

Syrigos, on the other hand, describes himself as a “silent partner,” who has never made a schedule, trained an employee, hired an employee, calculated payroll, paid the bills, or ordered food and supplies. ECF No. 44 at 6-7. He, however, possesses the authority to perform all of these tasks. Id. at 8-9.

Syrigos comes into Ocean View every Friday and Sunday evenings from 6:00 PM until closing and checks to see if orders from vendors came in or the Restaurant needs supplies. He also occasionally works in the kitchen and supervises staff. ECF Nos. 49 at 4-5; 44 at 9.

On one occasion, Syrigos and Skeparnis met to discuss a hostess’s salary. ECF No. 44 at 9. They decided to start her at the minimum wage with the opportunity for raises pending good job performance. Id. Ocean View’s food and supplies come from businesses both inside and outside of South Carolina. Id. at 7. For instance, their seafood is from Atlanta, Georgia. Id.

On December 14, 2011, the Department of Labor, Wage and Hour Division, commenced an investigation (Investigation) of Defendants to determine Ocean View’s compliance with the minimum wage, overtime, child labor, and recordkeeping provisions of the FLSA. Id. at 1. The Investigation concluded Defendants had failed to comply with multiple sections of the FLSA. Id. at 2.

First, the Investigation concluded Defendants had violated § 6, the minimum wage provision, by failing to properly calculate hours worked by employees from the time cards, resulting in employees being uncompensated for some hours worked. Id. Moreover, and critical to Defendants’ Motion for Partial Summary Judgment, Defendants allegedly paid tipped employees less than the full minimum wage required for tipped positions, which is $2.13 per hour, and failed to compensate properly for employee overtime. Nevertheless, the employees still received all tips they collected from work. Id. at 12-13.

[873]*873The Investigation also found violations of § 7, the overtime mandates, due to Defendants calculating overtime based on a bi-weekly basis for employees who exceeded eighty hours per week, instead of a weekly basis for employees who exceeded forty hours per week. Id. at 2-3. Finally, the Investigation discovered Ocean View failed to maintain records as required by § 11(c) of the FLSA. Id. at 3. The Investigation failed to uncover any violations of the child labor provisions of the FLSA.

During the Investigation, the lead investigator informed Skeparnis his payment and record keeping practices were in violation of the FLSA. Id. at 11. Nevertheless, Defendants continued to pay employees pursuant to these improper methods. Id.

On December 31, 2013, Plaintiff filed its Complaint against Defendants alleging minimum wage, overtime, and record keeping FLSA violations. EOF No. 1. Plaintiff and Defendants both moved for partial summary judgment. EOF Nos. 44 & 45. Both parties filed their responses and replies. Defendants filed a sur-reply to Plaintiffs reply. The Court, having been fully briefed on the relevant issues, now turns to discussing the merits of the Motions.

III. STANDARD OF REVIEW

Summary judgment should be granted where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A genuine issue of material fact exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material if it might “affect the outcome of the suit under the governing law.” Id.

On a motion for summary judgment, all evidence must be viewed in the light most favorable to the nonmoving party. Perini Corp v. Perini Constr., Inc., 915 F.2d 121, 123-24 (4th Cir. 1990); see also Pulliam Inv. Co. v. Cameo Props., 810 F.2d 1282, 1286 (4th Cir. 1987) (“[The Court] views all facts, and all reasonable inference to be drawn from them, in the light most favorable to the non-moving party.”). When both parties file motions for summary judgment, as is the case here, the court applies the same standard of review to both motions, and considers “each motion separately on its own merits to determine whether either [side] deserves judgment as a matter of law.” Rossignol v. Voorhaar, 316 F.3d 516, 523 (4th Cir. 2003).

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

Related

Frechette v. Zia Taqueria LLC
D. South Carolina, 2020
Sellers v. Keller Unlimited LLC
D. South Carolina, 2019

Cite This Page — Counsel Stack

Bluebook (online)
217 F. Supp. 3d 868, 2016 U.S. Dist. LEXIS 187441, 2016 WL 6803779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-ocean-view-seafood-restaurant-inc-scd-2016.