“Solano alleged that from September 30, 2010, to May 20, 2012, Ali Baba improperly paid him a biweekly “salary” that failed to comply with the FLSA’s overtime requirements. It is true that the DOL letter and report, upon which Solano relies, indicate that Ali Baba claimed that it did not know that its practices violated the FLSA. It is also true that Ali Baba continued to deny that its payment practices were unlawful and altered its method of paying employees on May 21, 2012, in response to the DOL’s investigation. These facts tend to show that the defendants did not act willfully with regard to the second set of violations. Nevertheless, there is also evidence that (1) Ali Baba did not maintain any hourly records before May 21, 2012; (2) Solano worked 66 hours a week during that period; and (3) Solano did not clock in or out during that period . . . . In this case, Solano has presented some evidence of the hours he worked, in particular his own statements and the DOL investigationIn estimating the hours worked by Ali Baba employees, including Solano, the DOL relied on “the signed current employee’s interview statements, hours of operations and information collected during the initial conference from the employer.” A reasonable jury could conclude that Solano worked at least 66 hours a week. Because a reasonable jury could conclude that the first and second set of violations were willful, the court cannot apply the two-year statute of limitations on this motion. Therefore, Alia Baba’s motion for partial summary judgment on the basis of the two-year statute of limitations is denied.” 2016 WL 808815, at *6–7 (internal citations omitted).
Solano v. Ali Baba Mediterranean Grill, Inc., No. 3:15-CV-0555-G, 2016 WL 808815 (N.D. Tex. Mar. 2, 2016) (Fish, J.).