Rana v. Islam

210 F. Supp. 3d 508, 2016 WL 5390941, 2016 U.S. Dist. LEXIS 140399
CourtDistrict Court, S.D. New York
DecidedSeptember 26, 2016
Docket14-Cv-1993 (SHS)
StatusPublished
Cited by2 cases

This text of 210 F. Supp. 3d 508 (Rana v. Islam) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rana v. Islam, 210 F. Supp. 3d 508, 2016 WL 5390941, 2016 U.S. Dist. LEXIS 140399 (S.D.N.Y. 2016).

Opinion

FINDINGS OF FACT & CONCLUSIONS OF LAW

Sidney H. Stein, United States District Judge.

Mashud Parves Rana brings this action against his former employers, Monirul Islam and his wife, Fahima Tashina Prova, for violations of the Trafficking Victims Protection Reauthorization Act (“TVPA”), 18 U.S.C. § 1589 et seq., the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and the New York State Labor Law (“NYLL”), N.Y. Labor Law § 190 et seq., and for breach of. contract. Rana alleges that the defendants lured him to the United States to work as their domestic servant during Islam’s time as Bangladeshi Consul General in New York City. Plaintiff claims that during his employment defendants refused to pay him, maintained him in a state of slavery, and physically and emotionally abused him. After protracted proceedings and defendants’ repeated failure to comply with discovery orders, the Court entered a judgment of default against defendants pursuant to Fed. R. Civ. P. 37. In light of the default judgment, the well-pleaded allegations in Rana’s complaint are deemed admitted, and only Rana’s damages remain to be determined. See Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155,158 (2d Cir.1992).1

A damages hearing was held on September 7, 2016 at which Rana and his counsel were present. Despite being repeatedly no-[513]*513tifíed in advance of the proceeding, defendants did not appear. At the hearing Rana, his physician Dr. Allison Schachter, and clinical psychologist Dr. Chitra Raghavan testified regarding Rana’s experience working for defendants and its effect on his health and wellbeing.

Rana testified that defendants never paid him during his eighteen months of employment and that when he asked for his pay Islam told him “he bring me [to the] United States, that is enough for you. Why are you asking for [a] salary?,” Tr. at 14-15, and “hit” him, id. at 27. Rana also testified that he was required to work from shortly after 6:00 a.m. until between 1:00 and 3:00 a.m. with only brief breaks, despite defendants’ prior statement that he would have time to also work outside of their home. Id. at 8, 15, 21. According to Rana’s testimony, he was fed only defendants’ leftovers and for a time was required to sleep on defendants’ kitchen floor. Id. at 25-26. Further, Rana testified that Islam seized Rana’s passport and visa and told Rana that he would be killed by the police if he left defendants’ home without identification. Id. at 10, 23. As a result of defendants’ conduct, Rana and his physician testified, Rana suffers from headaches, depression, and feelings of hopelessness. Id. at 38, 43.

Based on the testimony given and exhibits entered into evidence at the damages hearing, the Court makes the following findings of fact and conclusions of law.

1. Time Worked

The Court finds that Rana worked an average of seventeen hours per day for Islam and Prova from September 12, 2012 through March 2, 2014. No employer records have been entered into evidence. Where, as here, an employer has failed to maintain adequate records of an employee’s time worked as required under the FLSA, “a plaintiff employee must produce only ‘sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference.’ ” Cuzco v. Orion Builders, Inc., 262 F.R.D. 325, 331 (S.D.N.Y.2009) (quoting Reich v. S. New England Telecomm., Corp., 121 F.3d 58, 67 (2d Cir.1997)). Such evidence can include the employee’s “own recollection.” Id. Rana has satisfied that standard through detailed and credible testimony about his working conditions. Although the number of hours is extraordinary—after all, there are only 24 hours in a day—this Court has found Rana’s testimony credible and courts in domestic servitude cases have often credited similar allegations. See, e.g., Gurung v. Malhotra, 851 F.Supp.2d 583, 588 (S.D.N.Y.2012) (plaintiff “regularly worked sixteen-hour days”); Mazengo v. Mzengi, 07-cv-756, 2007 WL 8026882, at *7 (D.D.C. Dec. 20, 2007) (plaintiff worked “more tha[n] sixteen hours per day”).

2. Breach of Contract

Rana seeks breach of contract damages at the “prevailing wage” for his labor under an employment contract he allegedly entered into with defendants. His complaint alleges that Prova had him sign documents in English that he did not understand, which Prova told him were required to obtain his visa. Compl. ¶ 27. The complaint also alleges that Rana and defendants “entered into a written contract, whereby, upon information and belief, the Parties agreed to the terms mandated by the Foreign Affairs Manual” in order to obtain Rana’s visa. Id. ¶155. At the time Rana received his A-3 visa, the State Department’s Foreign Affairs Manual provided that “the personal employee of an alien of a foreign mission in the United States” may obtain an A-3 visa if, among other things, the employee submits an “employment contract ... signed by both the employer and the employee” that “must state the hourly wage to be paid to the domestic [514]*514employee,” which “must be the greater of the minimum wage under U.S. Federal and state law, or the prevailing wage for all working hours.” Foreign Affairs Manual 9 FAM 41.22 N4, N4.4(b)(3) (Dep’t of State 2011); Doc. No. 114, Shea Deck, Ex. 6. According to a database maintained by the U.S. Department of Labor’s Office of Foreign Labor Certification, the “Level 1” prevailing wage for “Maids and Housekeeping Cleaners” in the New York City metropolitan area was $9.74 from the beginning of Rana’s employment through June 2013, and $10.32 thereafter. See Shea Deck, Exs. 2, 3.

An employment contract promising Rana the greater of the minimum wage and the “prevailing wage” has not been entered into evidence, and is alleged to exist only upon information and belief. But “allegations on information and belief may be sufficient ... on default judgment where they state facts primarily within the defendant’s knowledge.” Flanagan v. North Star Concrete Const., Inc., No. 13-cv-2300, 2014 WL 4954615, at *6 (E.D.N.Y. Oct. 2, 2014). Given Rana’s allegations, the fact that he was not fluent in English, and the power disparity that existed between Rana and defendants, the Court finds that the terms of the employment contract were primarily within defendants’ knowledge. And the fact that Rana was issued an A-3 visa—which under State Department guidelines could not have occurred without the Department receiving a contract providing for the greater of the minimum wage and the “prevailing” wage—provides further support that such a contract was entered into.

Accordingly, the Court finds that defendants contracted to pay Rana the prevailing wage and that he is entitled to breach of contract damages of $9,047.96—the extent to which the prevailing wage exceeded the minimum wage Rana was entitled to pursuant to the FLSA and NYLL, as set forth below. See Shea Decl., Ex. 5; Gurung, 851 F.Supp.2d at 590.

3. Minimum Wage

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Cite This Page — Counsel Stack

Bluebook (online)
210 F. Supp. 3d 508, 2016 WL 5390941, 2016 U.S. Dist. LEXIS 140399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rana-v-islam-nysd-2016.