Doo NamYang v ABCL - Doo Nam Yang v. ABCL Corp. et al. 427...

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1 Doo Nam Yang v. ABCL Corp. et al. 427 F. Supp. 2d 327 (S.D.N.Y. 2005) U.S. District Court for the Southern District of New York SAND, District Judge. Plaintiff Doo Nam Yang brings this action under the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C.A. § 201 et seq…, alleging that defendants Gold Lee Jewelry Company ("Gold Lee"), ACBL Corporation ("ACBL"), and Han Sung Lee failed to pay overtime…The Court has jurisdiction pursuant to 28 U.S.C. § 1331… The Court held a two day bench trial beginning on November 2, 2005. The only witnesses were Yang and Lee. In general, the Court found Yang's testimony to be credible and corroborated by other evidence, while Lee's testimony was replete with contradictions, his demeanor was hostile, and his answers were, for the most part, unworthy of credence. The Court makes the following findings of fact and conclusions of law… FINDINGS… I. Parties Plaintiff Doo Nam Yang is a Korean immigrant who came to the United States on January 17, 1997 and currently lives in Queens. In Korea, Yang graduated high school and worked as a mechanic repairing sewing machines. He was first hired to work for defendants in October 1997 as a trainee, and eventually assumed such duties as ring- making, electric re-wiring, and repairing motors…[T]he employment relationship terminated for the last time on February 27, 2004. Defendant Gold Lee was a company engaged in the creation and sale of jewelry. It was founded by defendant Han Sung Lee, who remained its president and sole owner. In 2000, Lee closed Gold Lee and opened defendant ACBL, another jewelry business, in its stead. Since 2000, Lee has been the president and sole owner of ACBL. Lee's business was originally located at 50 West 47th Street # B4, Manhattan, but moved in 2000 to 31 W. 47th Street, Suite 203. II. Yang's Compensation A. Wages …Defendants, claiming that the original payroll records were damaged when a pipe burst and flooded Lee's office, attempted to introduce into evidence a new document containing the wages allegedly paid to, and hours allegedly worked by, plaintiff. According to defendants, a "Ms. Lee"--a student whose first name, address, and dates of employment defendants could not supply--spent approximately a half-day recopying the severely damaged yet legible records of wages paid to plaintiff onto this proffered
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2 document, and then disposed of the originals. …[The] Court sustained plaintiff's … objection to the admissibility of this would-be exhibit [and did not consider this evidence].… [The court found Lee’s testimony related to this document to lack credibility. It also found that it] was curious that no payroll records were produced [by Lee] for plaintiff's wages for the period he worked for defendant after the flood… Yang testified that he was paid weekly, and initially only in cash, but that on his request he was paid partially by cash and partially by check for a few months in 2002, after which he was once again paid wholly in cash. According to Yang… from March 2001 until September 2001, he was paid $ 500 per
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This note was uploaded on 05/18/2008 for the course ILRCB 2010 taught by Professor Lieberwitzr during the Spring '07 term at Cornell University (Engineering School).

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Doo NamYang v ABCL - Doo Nam Yang v. ABCL Corp. et al. 427...

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