Plaintiff: Thomas J. McAndrew, Esq.; Kevin F. Bowen, Esq.
Defendant: Sean Fontes, Esq.; Chip Muller, Esq.; Nancy Siegel
Sheinberg, Esq.; Ali Khorsand, Esq.
this Court is Kristen Taibl's (Ms. Taibl) motion for
attorneys' fees and interest. Ms. Taibl seeks
attorneys' fees and interest in connection with her
complaint before the Rhode Island Department of Labor and
Training (DLT) against her former employer, Beauty Walk, LLC
(Beauty Walk). Following an adverse decision by the DLT,
Beauty Walk appealed to this Court under the Administrative
Procedures Act. After reviewing the entirety of the record of
the DLT proceeding, this Court affirmed the decision of the
DLT, finding that Ms. Taibl was entitled to premium pay for
the Sundays, holidays, and overtime that she worked while
employed by Beauty Walk. Presently—over a year and a
half after this Court rendered its decision affirming the
DLT's decision—Ms. Taibl has filed a motion in this
Court seeking attorneys' fees and interest associated
with her claim against Beauty Walk.
the second time the parties have come before this Court in
this matter. A thorough recitation of the facts and travel
relevant to this litigation were provided in Beauty Walk,
LLC v. Dep't of Labor and Training, No. PC-13-0809,
2015 WL 412873 (R.I. Super. Ct. Jan. 9, 2015). However, for
purposes of clarity, the Court will provide a brief
Walsh-Dwyer (Ms. Walsh-Dwyer) hired Ms. Taibl in September of
2010 to work at her boutique beauty care store, Beauty Walk.
Ms. Taibl was paid a set salary of $540 per week.
Subsequently, Ms. Taibl received information regarding state
law requirements for premium pay such as time-and-a-half pay
on Sundays and holidays. After bringing this information to
the attention of Ms. Walsh-Dwyer, Ms. Taibl began to receive
the appropriate premium pay. However, Ms. Taibl afterwards
sought back pay for the premium hours she had worked from the
beginning of her employment at Beauty Walk to the point when
she began to receive the appropriate premium pay wages. Ms.
Taibl was terminated from Beauty Walk following this request.
Taibl sought to resolve her grievance before the DLT. After a
hearing was conducted, the DLT issued a decision finding that
Ms. Taibl was owed premium pay for the Sundays, holidays, and
overtime she had worked. Beauty Walk appealed the DLT's
decision to this Court, which issued an order that confined
the appeal to claims previously made and urged before the
DLT. (Def.'s Ex. A.) Ultimately, this Court affirmed the
DLT's decision in a written decision filed on January 9,
2015. See Beauty Walk, LLC, 2015 WL 412873 (R.I.
Super. Ct. Jan. 9, 2015).
the adverse ruling by this Court, Beauty Walk filed a
Petition for Issuance of Writ of Certiorari on April 2, 2015
with the Rhode Island Supreme Court. On September 24, 2015,
the Rhode Island Supreme Court issued an order denying Beauty
Walk's petition. Thereafter, this Superior Court, Licht,
J., granted a motion for Entry of Final Judgment in this
matter on July 1, 2016.
the appeal having been concluded and final judgment having
been entered, Ms. Taibl filed the present motion in the
Superior Court on August 3, 2016, requesting attorneys'
fees and interest in connection with her complaint against
Beauty Walk. In support of her motion, Ms. Taibl contends
that she has a right to such interest and fees under G.L.
1956 § 28-14-19(c). In contrast, Beauty Walk contends that
§ 28-14-19(c) authorizes the Director of the DLT or
his/her designee, and not the Superior Court, to make an
award of attorneys' fees and interest. Additionally,
Beauty Walk argues that Ms. Taibl's motion for
attorneys' fees and interest is untimely and barred by
the doctrines of collateral estoppel and res