Rodriguez v. Adams Rest. Grp.
Rodriguez v. Adams Rest. Grp.
Opinion of the Court
This suit concerns whether Adams Restaurant Group unlawfully classified former employee Anastacio Rodriguez as an executive rather than as the nonmanagerial laborer he says he was. Rodriguez sued the restaurant and its executive chef under the Fair Labor Standards Act, the District of Columbia Minimum Wage Act, and the District of Columbia Wage Payment and Wage Collection Law. Dkt. 1. Before the Court is the defendants' motion for summary judgment. Dkt. 27. For the reasons that follow, the motion will be granted in part and denied in part.
I. BACKGROUND
The Fair Labor Standards Act requires employers to pay overtime compensation (at least 150 percent of the rate of regular compensation) to a covered employee working more than forty hours in a week.
Plaintiff Anastacio Rodriguez alleges that defendants Adams Restaurant and executive chef Claudia Rivas's classification of him as a bona fide executive-and their corresponding decision not to pay him overtime-violated those laws. During discovery, Rodriguez and his former superiors gave very different accounts of his role with the company, both sides serving their own narrative. The restaurant's witnesses recalled Rodriguez regularly exercising managerial power, while Rodriguez described his work as manual-labor intensive and without administrative input or leadership.
The restaurant initially hired Rodriguez as a part-time "line cook" in June 2015, paying him $14 an hour to prepare ingredients and cook food. Rivas Dep. at 72:12-15, Dkt. 27-3. An immigrant from Mexico with only a high school education, Rodriguez had nineteen years of culinary experience but no formal culinary education. Rodriguez Dep. at 16:19-20, 19:13-20, Dkt. 28-1; Rivas Dep. at 212:4-13; 228:18-229:15, Dkt. 27-3. In September 2015, the restaurant promoted him to sous chef with a $55,000 annual salary and classified him as exempt from the overtime requirement. Adams Restaurant Answers to Pl.'s First Set of Interrogs., Answer to Interrog. No. 9, at 10-11, Dkt. 27-4. According to Rodriguez, his hours per week jumped from about forty to about seventy. Rodriguez Dep. at 44:6-8, Dkt. 28-1; Rodriguez Answers to Defs.' Interrog. Answer No. 3 at 4-5. Dkt. 28-1, Ex. B.
*361At first, another sous chef, Louis Benitez, also worked at the restaurant. See Rodriguez Dep. at 48:14-18, Dkt. 28-1. Rodriguez testified that he and Benitez both worked full days during their overlapping time as sous chefs, with Benitez supervising him. Rodriguez Dep. at 49:1-5, 52:7-19, Dkt. 28-1. The restaurant, on the other hand, claims that one of the sous chefs was responsible for the day shift while the other was responsible for the night shift. Adams Dep. at 160:18-161:7, Dkt. 27-6. In any event, Benitez left the restaurant after a month or two and Rodriguez became the only sous chef. See Rodriguez Dep. at 49:15-17, Dkt. 28-1, Ex. A;
During Rodriguez's tenure, Rivas lived in Florida and visited the restaurant only two to five times per month. Rivas Dep. at 31:2-3, Dkt. 27-3. According to Rodriguez, however, she monitored employees daily through surveillance video, regularly informed them that she was watching them, and often provided corrective instruction and reprimands. Rodriguez Dep. at 118:11-119:15, Dkt. 28-1; Rodriguez Decl. ¶ 6, Dkt. 28-1, Ex. C. Rodriguez also claimed that Rivas "fired a lot of people" in the kitchen while Rodriguez was sous chef (and that he did not fire anyone himself). Rodriguez Dep. at 50:2-10, 59:3-5, Dkt. 28-1. Rodriguez testified that he was supervised by both Rivas and a restaurant manager (and Benitez at first), though Rivas disputed that. Rodriguez Decl. ¶ 5; Rivas Dep. at 372:6-7 ("[Rodriguez] didn't have someone supervising him, he was a supervisor."). Rivas testified that Rodriguez supervised line cooks, but Rodriguez recounted that he offered the line cooks very little instruction beyond some informal training during three line cooks' first day on the job. Rivas Dep. at 174:14-17; Dkt. 27-3; Rodriguez Dep. at 86:16-20, 88:2-17, 89:8-16, 90:21-91:9, Dkt. 28-1. Rodriguez conducted approximately three interviews of prospective hires, but he says that his questions were limited to "Where have you worked?" and "What do you know how to do?," and he simply relayed the answers to the restaurant manager, who made the hiring decision without his input. Rodriguez Dep. at 59:6-61:20, Dkt. 28-1. But see Adams Restaurant Answers to Pl.'s First Set of Interrogs., Answer to Interrog. No. 2, at 4 ("[Rodriguez] possessed the independent authority to hire and fire other employees."). According to the restaurant, Rodriguez's primary duty was managing the restaurant's kitchen operations and staff, but according to Rodriguez, his daily schedule generally consisted of preparing food and cooking. Adams Restaurant Answers to Pl.'s First Set of Interrogs., Answer to Interrog. No. 2, at 4; Dkt. 28-1, Ex. B, Pl.'s Interrog. Answer No. 2, at 4.
After being fired, Rodriguez sued Adams Restaurant and Rivas (collectively, the restaurant) under the Fair Labor Standards Act, the District of Columbia Minimum Wage Act, and the District of Columbia Wage Payment and Wage Collection Law. See Compl. at 4-7;
II. LEGAL STANDARD
A court grants summary judgment if the moving party "shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; see also *362Anderson v. Liberty Lobby, Inc. ,
In reviewing the record, the court "must draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility determinations or weigh the evidence." Reeves v. Sanderson Plumbing Prods. ,
At the same time, to win at summary judgment a defendant "need only identify the ways in which the plaintiff has failed to come forward with sufficient evidence to [allow] a reasonable jury to find in her favor on one or more essential elements of her claim." Grimes v. District of Columbia ,
Summary judgment is appropriate, in sum, when "the parties agree about the facts-what happened-and the court accepts the movant's view of the legal implications of those facts, or ... when a putatively disputed body of evidentiary material could not, even assuming a sympathetic factfinder, reasonably support a finding crucial to the nonmoving party's legal position." Johnson v. Perez ,
More specific to this case, "[w]hen the underlying facts are in dispute, the exemption question under the FLSA is a mixed question of law and fact." Radtke v. Lifecare Mgmt. Partners ,
*363III. ANALYSIS
The Wage Payment and Wage Collection Law claim cannot proceed because the Minimum Wage Act "is the sole remedy for ... overtime violations" under D.C. law. Columbia Thompson v. Digicon Corp. ,
A. The restaurant did not waive the executive exemption defense.
Rodriguez first argues that the executive exemption is an affirmative defense that the restaurant waived by failing to raise it in its answer. Rodriguez Opp. Mem. at 4-5, Dkt. 28; see also Fed. R. Civ. P. 8(c) ("In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense."); Harris v. U.S. Dep't of Veterans Affairs ,
B. Genuine disputes of fact preclude summary judgment.
On the merits of the executive-exemption defense, however, Rodriguez has the better argument at this stage. The Department of Labor has "promulgated detailed regulations outlining the criteria for the application of the FLSA exemptions,"
Rodriguez concedes that the restaurant paid him more than $455 per week but contends that he did not meet the other requirements for exemption. See Rodriguez Opp. Mem. at 6 n.3, Dkt. 28. On Rodriguez's telling, his primary duty was not management but cooking and food preparation, as apparent from the time he spent cooking and prepping rather than supervising; his supervision by Rivas, the restaurant manager, and Benitez; and his pay per hour compared to that of non-exempt kitchen staff. See, e.g. , Rodriguez Decl. ¶ 5; Rodriguez Dep. at 86:16-20, 88:2-17, 89:8-16, 90:21-91:9, Dkt. 28-1; Dkt. 28-1, Ex. B, Rodriguez Interrog. Answer No. 2 at 4; Dkt. 28-1, Ex. I, Hourly Pay Rates of Non-Exempt Kitchen Staff; Rodriguez Opp. Mem. at 7-13. Neither did Rodriguez, on his account, customarily direct the work of other employees. As he tells it, the line cooks were autonomous and received no or little oversight from him. Rodriguez Dep. at 86:16-20, 88:2-17, 89:8-16, 90:21-91:9, Dkt. 28-1; Rodriguez Opp. Mem. at 12. Finally, according to Rodriguez, he did not hire or fire existing employees-Rivas and the restaurant manager made those calls. See Rodriguez Dep. 50:2-10, 59:3-5, Dkt. 28-1; Rodriguez Opp. Mem. at 12-13. Rodriguez claims that he interviewed about three prospective workers but that he simply relayed information about their experience to the restaurant manager and had no input in the *365hiring decisions. Rodriguez Dep. at 59:6-61:20, Dkt. 28-1.
A jury could reasonably conclude that Rodriguez's testimony is credible. The restaurant argues that summary judgment should be granted because Rodriguez's allegations are based "solely upon [his] uncorroborated, self-serving assertions ..., which are not supported by any credible evidence in the record." Adams Restaurant Mot. Summ. J. at 1, Dkt. 27. But unless a self-serving assertion is conclusory or "so undermined as to be incredible," it makes "no difference that [a] plaintiff's testimony is uncorroborated." Robinson v. Pezzat ,
The exception to that rule for conclusory or incredible assertions does not apply here. Rodriguez's testimony is far from conclusory-he explained in detail the conditions of his work, how he spent his time, the extent to which he supervised others, and the extent to which others supervised him. Compare Rodriguez Dep., and Rodriguez Decl., with Greene v. Dalton ,
*366(similar); Ayissi-Etoh v. Fannie Mae ,
The conflicting accounts of Rodriguez's role with the restaurant present numerous disputes of material fact that could determine the legal conclusion whether the restaurant misclassified him. The jury could reasonably resolve these disputes in Rodriguez's favor, and that precludes summary judgment.
CONCLUSION
For the foregoing reasons, it is
ORDERED that the defendants' Motion for Summary Judgment, Dkt. 27, is GRANTED IN PART and DENIED IN PART . Specifically, the motion is granted with respect to the claim under the D.C. Wage Payment and Wage Collection Law and is otherwise denied. It is further ORDERED that a status conference is scheduled for May 1, 2018 at 10:00 a.m. in Courtroom 12 to discuss further proceedings.
SO ORDERED.
Until recently, courts interpreted the Federal Labor Standards Act "liberally to apply to the furthest reaches consistent with congressional direction." Tony & Susan Alamo Found. v. Sec'y of Labor ,
The United States Supreme Court recently rejected these principles, however, concluding that "[b]ecause the FLSA gives no textual indication that its exemptions should be construed narrowly, there is no reason to give them anything other than a fair (rather than a narrow) interpretation." Encino Motorcars, LLC v. Navarro , --- U.S. ----,
The restaurant invokes the Act's statute of limitations, which bars suits not commenced within two years after the cause of action accrued "except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued."
Reference
- Full Case Name
- Anastacio Salvador RODRIGUEZ v. ADAMS RESTAURANT GROUP
- Cited By
- 6 cases
- Status
- Published