REPORT AND RECOMMENDATION Plaintiff brings this action alleging that defendants, among other things, failed to pay him minimum wage, overtime wages, and failed to provide him wage notices and statements in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et. seq., and the New York Labor Law (“NYLL”), N.Y. LAB. LAW §190 et. seq., while he was employed as an electrician. Compl,
1, 8, ECF No. 1. Plaintiff now moves to amend his complaint to add a claim of untimely payment of wages under NYLL §191. ECF Nos. 118-119. Defendant moves for an award of attorney’s fees related to the Court’s imposition of sanctions against plaintiff’s counsel. ECF No. 117. For the reasons set forth below, it is respectfully recommended that plaintiff’s motion to amend should be denied. Defendants are awarded $15,591.67 in attorney’s fees and costs of $36 as a sanction for plaintiff’s counsel’s discovery violations.1 BACKGROUND AND PROCEDURAL HISTORY The facts and procedural history of this matter are discussed at length in my prior Report and Recommendation, R&R, ECF No. 109, with which the Court assumes the parties’ familiarity. The Court briefly summarizes the relevant facts and proceedings for the instant motions. This action dates back to October 2018 when plaintiff commenced this case. Compl., ECF No. 1. As alleged in the complaint, defendants employed plaintiff as an electrician from the fall of 2014 through the middle of September 2018. Id. 8. During the week, from Monday through Friday, plaintiff worked at various New York City Housing Authority (“NYCHA”) locations and on the weekend, he worked at both NYCHA and non-NYCHA properties. Id. Plaintiff generally worked from 8:00 a.m. until about 6:00 p.m. or 7:00 p.m. and was paid between $700 and $800 a month in cash. Id. Although plaintiff worked over forty hours a week, he alleges that defendants did not pay him the overtime premium of one — and one-half times his normal rate for each hour worked in excess of forty hours a week. Id. 16. Defendants also failed to provide accurate wage statements detailing plaintiff’s hours worked and wages received. Id. 20. Based upon these facts, plaintiff asserted claims for unpaid overtime under both federal and state law, a claim for tax fraud, and a claim for failure to provide wage statements. Id.
