Hilda L Solis v. C and J Wear Inc

Filing 4

CONSENT JUDGMENT by Judge Margaret M. Morrow in favor of Hilda L Solis against C and J Wear Inc ( MD JS-6. Case Terminated ) (rrey)

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JS-6

Mary K. Alejandro
Acting Regional Solicitor
Daniel J. Chasek
Associate Regional Solicitor
Susan Seletsky, Attorney (CSBN #176106)
Office of the Solicitor (Sol #1219722)
United States Department of Labor
350 So. Figueroa St., Suite 370
Los Angeles, California 90071-1202
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for the Plaintiff

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
HILDA L. SOLIS,
Secretary of Labor,
United States Department of Labor,

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v.

Plaintiff,

C & J WEAR, INC. doing business as
JUSTIFIED/S-12 COLLECTION/STWELVE

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Defendant.

) Case No.: CV 12-01519 MMM
) (AGRx)
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) CONSENT JUDGMENT
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Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of Labor

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(“Secretary”), and Defendant C & J Wear, Inc. doing business as Justified/S-12 Collec-

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tion/S-Twelve (“Defendant”), have agreed to resolve the matters in controversy in this

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civil action and consent to the entry of this Consent Judgment in accordance herewith:

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A.

The Secretary has filed a Complaint alleging that the Defendant violated

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provisions of Sections 15(a)(1), 29 U.S.C. § 215(a)(1) of the Fair Labor Standards Act of

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1938, as amended (“FLSA”).

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B.

The Defendant has appeared by counsel and acknowledges receipt of a copy

of the Secretary’s Complaint.
C.

The Defendant waives issuance and service of process and waives answer

Consent Judgment (Sol #1219722)

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and any defenses to the Secretary’s Complaint.
D.

The Secretary and Defendant waive Findings of Fact and Conclusions of

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Law, and agree to the entry of this Consent Judgment in settlement of this action, with-

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out further contest.

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E.

The Defendant admits that the Court has jurisdiction over the parties and

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subject matter of this civil action and that venue lies in the Central District of California.

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It is therefore, upon motion of the attorneys for the Secretary, and for cause

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shown,

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ORDERED, ADJUDGED, AND DECREED that the Defendant, its officers,

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agents, servants, and employees and those persons in active concert or participation with

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it who receive actual notice of this order (by personal service or otherwise) be, and they

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hereby are, permanently enjoined and restrained from violating the provisions of Section

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15(a)(1), 29 U.S.C. § 215(a)(1) of the Fair Labor Standards Act of 1938, as amended

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(“FLSA”), in any of the following manners:

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1)

Defendant shall not, contrary to FLSA § 15(a)(1), 29 U.S.C. § 215(a)(1),

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transport, offer for transportation, ship, deliver, or sell in commerce (or ship, deliver, or

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sell with knowledge or reason to believe that shipment, delivery, or sale in commerce is

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intended) goods in the production of which any employee (of the Defendant or other(s))

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has been employed in violation of the FLSA’s minimum wage (29 U.S.C. § 206) or

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overtime pay provisions (29 U.S.C. § 207);

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2)

Defendant shall not fail to disgorge, from the gross proceeds of its having

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sold or shipped in commerce goods that had been worked on by employees of S & S

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Mode, Inc. who were not paid the minimum wage and/or overtime required by the

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FLSA, 29 U.S.C. §§ 206 and/or 207, an amount sufficient to cover the back wages due

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to these employees under the FLSA. The amount hereby found due to these employees,

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as listed on the attached Exhibit 1, is $30,909.27 for the period from December 19, 2009

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through December 19, 2011.

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The provisions of this paragraph are deemed satisfied by Defendant’s having preConsent Judgment (Sol #1219722)

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viously deposited funds with the Department of Labor from which this amount is with-

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drawn;

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3)

The attached Exhibit 1 shows the names of each employee of S & S Mode,

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Inc., the period of employment covered by this Consent Judgment, and the gross back-

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wage amount due to the employee. The Secretary shall allocate and distribute the remit-

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tances, or the proceeds thereof, after making required deductions and forwarding said

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funds to the appropriate agencies, to the persons named in the attached Exhibit 1, or to

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their estates if that be necessary, in her sole discretion, and any money not so paid within

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a period of three years from the date of its receipt, because of an inability to locate the

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proper persons or because of their refusal to accept it, shall be deposited by the Secretary

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in a special deposit account for payment to the proper persons and upon such inability to

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pay within 3 years, shall then be deposited in the Treasury of the United States, as mis-

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cellaneous receipts, pursuant to 29 U.S.C. § 216(c);

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4)

Within 30 days of the entry of this Judgment, Defendant shall hire an inde-

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pendent third party to monitor all of its sewing, cutting, finishing, trimming and printing

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contractors (hereafter “contractor(s)”) to enforce the contractors’ compliance with the

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FLSA. The monitor is deemed independent only so long as it does not represent either

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the manufacturer or contractor involved in this action in any other dealings with other

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parties or the Department of Labor.

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The monitoring program shall include the following components:

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a.

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quarterly basis;

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Random and unannounced site visits to each contractor, at least on a

b. Review of each contractor’s timecards and payroll records on at least a
quarterly basis;
c. Private and confidential interviews of at least 20% of each contractor’s
current employees to determine the hours they work and the wages they are paid;

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d. Disclosure to each contractor and Defendant of any FLSA compliance

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issues revealed by the monitoring and corrective action recommended to the conConsent Judgment (Sol #1219722)

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tractor.

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The monitor shall produce written reports of its findings to the Defendant which

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Defendant shall maintain for a period of three years. Defendant shall supply copies of

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these reports to representatives of the Secretary of Labor upon their request;

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5)

On at least an annual basis, Defendant shall hire an independent third party

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to conduct a pricing analysis of a representative sample of the different types of gar-

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ments produced by Defendant to determine whether the fees Defendant pays to its con-

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tractors for their work on Defendant’s goods are sufficient in light of the wage require-

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ments of the FLSA. Defendant shall maintain documentation of these analyses for a pe-

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riod of three years and provide it to representatives of the Secretary of Labor upon their

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request;

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6)

Defendant shall discuss the following subjects with the owner or top man-

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agement official of all contractors with whom it does business in order to assess the con-

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tractor’s willingness and ability to understand and comply with the FLSA prior to enter-

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ing into any agreement with the contractor for its services. Defendant shall maintain for

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a period of three years documentation showing that these subjects have been discussed

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and produce this documentation to representatives of the Secretary of Labor upon their

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request:

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A.

The terms of the FLSA, including the contractor’s obligation to pay

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minimum wage and overtime and maintain accurate records of the hours worked

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by and wages paid to its employees;

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B.

Whether the proposed price terms are such that the contractor will be

able to comply with the FLSA’s minimum wage and overtime requirements;
C.

The contractor’s willingness and ability, in light of the contractor’s

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prior compliance history, involvement in the industry and financial resources, to

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understand and comply with the FLSA;

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D.

The contractor’s obligation to inform Defendant immediately when-

ever the contractor is unable to meet any requirement of the FLSA;
Consent Judgment (Sol #1219722)

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E.

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The contractor’s obligation to maintain true and accurate payroll rec-

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ords, and records of hours worked by all persons who work on goods produced for

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the Defendant and provide these records to Defendant on a weekly basis.

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Defendant shall supply copies of the documentation required by this paragraph to

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representatives of the Secretary of Labor upon their request;
7)

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Defendant shall review the time and payroll records submitted by its con-

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tractors on a monthly basis, maintain these records for a period of three years and pro-

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duce these records to representatives of the Secretary of Labor upon their request;
8)

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Defendant shall maintain for a period of three years copies of all cutting

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tickets issued to their contractors and supply copies of these records to representatives of

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the Secretary of Labor upon their request;
9)

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Defendant shall maintain records of all shipments made to retailers for at

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least three years from the date the shipment was made and supply copies of these records

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to representatives of the Secretary of Labor upon their request;
10)

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Defendant shall supply all of its contractors with copies of the attached Ex-

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hibit 2, which summarizes terms of this Judgment and the employees’ rights under the

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FLSA. The English, Spanish and Korean versions are attached. Defendant shall ensure

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that its contractors distribute a copy of Exhibit 2 to each of their current employees with-

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in 30 days of entry of this Judgment, in the employees’ native languages, provide copies

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to all new hires, and post a copy at each of its contractor’s establishments; and it is fur-

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ther

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ORDERED that each party shall bear its own fees and other expenses incurred by

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such party in connection with any stage of this proceeding, including but not limited to

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attorneys' fees, which may be available under the Equal Access to Justice Act, as

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amended; and, it is further

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ORDERED that this Court retains jurisdiction of this action for purposes of enforcing compliance with the terms of this Consent Judgment.

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Consent Judgment (Sol #1219722)

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SO ORDERED
Dated: February 29, 2012

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For the Defendant:

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______________________________
U.S. DISTRICT COURT JUDGE

The Defendant hereby appears, waives any
defense herein, consents to the entry of
this Judgment, and waives notice by the
Clerk of Court:

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By: ___________________________
CALVIN KIM
Its: Owner

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Attorneys for the Defendant

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_____________________
Date

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LAW OFFICES OF ELLIOTT KIM

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_______________________________
HAEWON KIM
Law Offices of Elliott Kim
3550 Wilshire Boulevard, Ste. 730
Los Angeles, CA 90010

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For the Plaintiff:

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__________________________
Date

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M. PATRICIA SMITH
Solicitor of Labor

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MARY K. ALEJANDRO
Acting Regional Solicitor
DANIEL J. CHASEK
Associate Regional Solicitor
________________________
SUSAN SELETSKY, Attorney
Attorneys for the Plaintiff
U.S. Department of Labor
Consent Judgment (Sol #1219722)

___________
Date

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Consent Judgment (Sol #1219722)

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Exhibit 1

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Last Name

First Name

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Cabrera

Erik

7/12/2011

12/13/2011

$714.55

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Cho

Kyongsuk

7/12/2011

12/13/2011

$894.32

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Choz

Carlos

1/5/2010

8/9/2011

$5,681.60

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Coz

Sara

7/12/2011

11/29/2011

$687.48

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Cruz

Marie

1/5/2010

8/9/2011

$5,953.62

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Diaz

Manuel

1/5/2010

12/13/2011

$1,156.54

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G.

Francisco

8/16/2011

10/11/2011

$1,004.00

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Garcia

Cecilia

9/13/2011

12/13/2011

$1,385.62

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Gonzalez

Gonzalo

9/13/2011

12/13/2011

$1,901.74

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Garcia

Janett

7/12/2011

12/13/2011

$1,139.46

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Hernandez

Sebastiana

7/12/2011

12/13/2011

$873.98

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Huinac

Seberiano

7/19/2011

12/13/2011

$495.54

Mendez

Brenda

1/4/2011

12/13/2011

$1,540.63

Navarro

Marta

11/15/2011

12/13/2011

$444.30

R.

Saul

9/20/2011

12/13/2011

$2,216.15

Renoj

Roselia

7/19/2011

12/13/2011

$511.30

Son

Juan

10/11/2011

12/6/2011

$612.50

Son

Timoteo

8/16/2011

12/13/2011

$1,743.36

Unknown

Tomas

7/12/2011

10/11/2011

$354.03

Unknown

Violeta

8/16/2011

11/29/2011

$1,598.55

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Start Date

End Date

Gross Due

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Consent Judgment (Sol #1219722)

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Exhibit 2

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LEGAL NOTICE TO ALL EMPLOYEES

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The Fair Labor Standards Act provides that all employees must be
paid minimum wage for all hours worked. In addition, employees must be

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paid overtime, at a rate of time and one half their regular rate, for the
hours they work over 40 in a workweek. All employees, whether they
are paid hourly or on a piece rate basis are entitled to overtime when

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they work over 40 hours.
To resolve a lawsuit brought by the Department of Labor, the United

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States District Court entered an Order forbidding S-Twelve, a garment
manufacturer, from shipping goods on which employees were not paid the
minimum wage or overtime required by the Fair Labor Standards Act. All

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employees who work in this establishment can help S-Twelve not to violate
the Court’s Order. If you think you are not being paid in accordance with

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the law, call S-Twelve at [phone] Or, you can call the U.S. Department of Labor, Wage and Hour Division, at [phone] and your
name will be kept confidential.

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Consent Judgment (Sol #1219722)

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Exhibit 2

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NOTICIA LEGAL A TODOS LOS EMPLEADOS
La Ley de Normas Razonables de Trabajo determinan que se les debe de pagar a

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todos los empleados el sueldo mínimo por todas las horas que ellos trabajen. A la vez,

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también estipula que todo empleado que trabaje sobre tiempo, más de 40 horas en una

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semana laboral, se les deberá pagar a tiempo y medio de lo que ganen por cada hora de
sobre tiempo trabajada. Todos los empleados, independientemente de que se les pague
por hora o por pieza, tienen derecho a que se les pague el sobre tiempo cuando trabajan
más de 40 horas en una semana laboral.
Para resolver una demanda laboral iniciada por el Departamento Del Trabajo, la

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corte del Distrito de los Estados Unidos expidió una orden que prohíbe a S-Twelve, una

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fábrica de ropa, de enviar la producción a sus distribuidores si en la fabricación de di-

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chos productos no se les pago a los empleados el sueldo mínimo o el sobre tiempo requerido por la Ley de Norma Razonables de Trabajo. Todos los empleados que trabajan
en éste establecimiento pueden ayudar a S-Twelve, a no violar la orden de la Corte. Si

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usted piensa que no se le pago de acuerdo a lo que la ley indica, por favor llame a S-

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Twelve, al número [phone], o usted también puede llamar directamente al De-

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partamento del Trabajo de los Estados Unidos, Division de Horas y Salarios, al (213)
894-6375. Su llamada será confidencial.

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Consent Judgment (Sol #1219722)

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모든 직원에게 법적 공지문

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미연방의 공정 근로 기준법은 모든 직원들이 노동 시간에 따라
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최소 임금을 받을 수있도록 규정하고 있습니다.
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그리고 또한, 일주일에 40 시간 이상 근무하였을때 초과 시간에 1.5
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배의 오버타임 (초과 근무 수당) 임금을 지급하게 규정하고
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있습니다.
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모든 직원은 40 시간 초과 근무했을 때, 시간제 임금을 받거나 생산
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성과에 따라 임금을 받는것에 상관없이 초과 근무 수당을 지급받을
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수 있습니다.
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노동청이 제소한 소송을 해결하기 위해 미 연방 지역 법원은 공정
근로 기준법에 의해 의무화된 최소 임금이나 초과 근무 수당을
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직원에게 지불하지 않은 물품을 의류 제조 업체인 S-Twelve 가
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발송하지 못하게 명령하였습니다.
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이 공장에서 일하는 모든 직원은 S-Twelve
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법정 명령을 준수 할수 있게 도을 수 있습니다.
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법에 따른 임금을 받고 있지 않다고 생각하신다면 지금
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S-Twelve, [phone] 전화 하십시요.
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아니면, 미연방 노동청, 임금과 시간 부처로 [phone] 전화
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하십시요.
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당신의 이름은 비밀로 보장됩니다.
Consent Judgment (Sol #1219722)

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