Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Rana v. Islam

FLSA, TVPRA Suit Remanded; Cumulative Liquidated Damages Wrongly Awarded Under FLSA, NYLL

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

*1  Plaintiff-Appellee Mashud Parves Rana brought this action against his former employers, Monirul Islam and Fahima Tahsina Prova, alleging violations of various state and federal labor and human trafficking laws. Over a 15-month period, the defendants defied numerous orders of the district court (Sidney H. Stein, Judge), and the district court granted Rana’s motion to strike the defendants’ answer and enter a default judgment. Defendant Islam, pro se, appeals the district court’s damages order. We vacate in part and remand*2

because cumulative liquidated damages may not be awarded for the same course of conduct under both the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §201 et seq., and the New York Labor Law (“NYLL”), NYLL §§190 et seq. & 650 et seq.Per Curiam:Mashud Parves Rana filed a complaint against his former employers, defendant-appellant Monirul Islam and defendant Fahima Tahsina Prova, alleging, inter alia, that his employment conditions violated the Trafficking Victims Protection Reauthorization Act (“TVPRA”), 18 U.S.C. §1589 et seq., the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §201 et seq., the New York Labor Law (“NYLL”), N.Y. Lab. L. §§190 and 650 et seq., and the common law of torts. After the defendants ignored five district court orders to participate in discovery, and used other dilatory tactics, the district court (Sidney H. Stein, Judge) granted Rana’s motion pursuant to Federal Rule of Civil Procedure 37 to strike the defendants’ answer and enter a default judgment. Following a damages inquest, the district court awarded Rana $922,597.31.1 Islam, pro se,

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs