Hilda L Solis v. Isamel C Covarrubias et al

Filing 4

CONSENT JUDGMENT by Judge Dean D. Pregerson in favor of Hilda L Solis against defendants Frederick Mendez, Ismael C Covarrubias, Jr. The Defendants, their officers,agents, servants, and employees and those persons in active concert or participation w iththem who receive actual notice of this order (by personal service or otherwise) be, and they hereby are, permanently enjoined and restrained re violation of the Fair Labor Standards Act. Defendants, jointly and severally, shall not continue to wit hhold the payment of $348,242.63 in minimum wage and overtime pay hereby found to be due under theFLSA to 29 employees, as a result of their employment by defendants during the period of October 26, 2009 through December 17, 2011.Defendants shall pay the backwages, plus 1% annual interest on the outstanding balance starting from May 24, 2012 until the backwages required under this Judgmentare paid in full.each party shall bear its own fees. ( MD JS-6. Case Terminated ) (lc)

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Mary K. Alejandro
Acting Regional Solicitor
Daniel J. Chasek, (CSBN #186968)
Associate Regional Solicitor
Office of the Solicitor (Sol#1219779)
United States Department of Labor
350 So. Figueroa St., Suite 370
Los Angeles, California 90071-1202
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for the Plaintiff

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HILDA L. SOLIS,
Secretary of Labor,
United States Department of Labor,

) Case No. 2:12-cv-05154-DDP-SP
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Plaintiff,
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) CONSENT JUDGMENT
v.
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Ismael C. Covarrubias, Jr., DBA King Con- )
struction; Ismael C. Covarrubias, Jr., Indi- )
vidually and as Managing Agent of Ismael C. )
Covarrubias, Jr., DBA King Construction;
)
Frederick Mendez, Individually and as Man- )
aging Agent of Ismael C. Covarrubias, Jr. DBA )
King Construction,
)
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Defendants.
)
)
)

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Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of Labor

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(“Secretary”) and defendants Ismael C. Covarrubias, Jr., DBA King Construction (“King

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Construction”), Ismael C. Covarrubias, Jr., individually and as managing agent of Ismael

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C. Covarrubias, Jr., DBA King Construction, and Frederick Mendez, individually and as

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managing agent of Ismael C. Covarrubias, Jr., DBA King Construction (collectively,

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“Defendants”), have agreed to resolve the matters in controversy in this civil action and

Consent Judgment (Sol#1219779))

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consent to the entry of this Consent Judgment in accordance herewith:
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The Secretary has filed a Complaint alleging that Defendants violated pro-

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visions of Sections 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, as

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amended (“FLSA”), 29 U.S.C. §§ 215(a)(2) and 215(a)(5).

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B.

Defendants have appeared and (after having been advised by Plaintiff of the

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right to retain the assistance of defense counsel) acknowledge receipt of a copy of the

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Secretary’s Complaint.

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C.

Defendants waive issuance and service of process and waive answer and

any defenses to the Secretary’s Complaint.
D.

The Secretary and Defendants 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.

Defendants admit that the Court has jurisdiction over the parties and subject

matter of this civil action and that venue lies in the Central District of California.
It is therefore, upon motion of the attorneys for the Secretary, and for cause
shown,

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ORDERED, ADJUDGED, AND DECREED that the Defendants, their officers,

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

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

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

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Sections 15(a)(2) and 15(a)(5) of the FLSA, 29 U.S.C. §§ 215(a)(2) and 215(a)(5), in

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any of the following manners:

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1. Defendants shall not, contrary to FLSA § 6, 29 U.S.C. § 206, pay any employ-

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ee who in any workweek is engaged in commerce or the production of goods for com-

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merce, within the meaning of the FLSA, or is employed in an enterprise engaged in

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commerce or in the production of goods for commerce, within the meaning of FLSA

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§ 3(s), wages at a rate less than $7.25 an hour (or less than the applicable minimum rate

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as may hereafter be established by amendment to the FLSA).

Consent Judgment (Sol#1219779))

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2. Defendants shall not, contrary to FLSA § 7, 29 U.S.C. § 207, employ any em-

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ployee who in any workweek is engaged in commerce or in the production of goods for

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commerce, within the meaning of the FLSA, or is employed in an enterprise engaged in

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commerce or in the production of goods for commerce, within the meaning of FLSA

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§ 3(s), for any workweek longer than 40 hours unless such employee receives compensa-

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tion for his or her employment in excess of 40 hours in such workweek at a rate not less

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than one and one-half times the regular rate at which he or she is employed.

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3. Defendants shall not fail to make, keep, make available to authorized agents of

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the Secretary for inspection, transcription, and/or copying, upon their demand for such

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access, and preserve records of employees and of the wages, hours, and other conditions

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and practices of employment maintained, as prescribed by regulations issued, and from

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time to time amended, pursuant to FLSA §§ 11(c) and 15(a)(5), 29 U.S.C. §§ 211(c) and

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215(a)(5) and the implementing regulations found in Title 29, Code of Federal Regula-

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tions, Part 516.

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4. Defendants, jointly and severally, shall not continue to withhold the payment

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of $348,242.63 in minimum wage and overtime pay hereby found to be due under the

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FLSA to 29 employees, as a result of their employment by defendants during the period

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of October 26, 2009 through December 17, 2011 as set forth in the attached Exhibit 1,

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showing the name of each employee and listing on the same line the gross backwage

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amount due the employee and the period covered by the Consent Judgment.

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5.

Defendants shall pay the backwages, plus 1% annual interest on the outstand-

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ing balance starting from May 24, 2012 until the backwages required under this Judg-

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ment are paid in full, as set forth in paragraph 6 below (and as set forth in attached Ex-

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hibit 2). Each payment shall be made by a certified or cashier’s check or money order

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with the firm name and “BWs + Interest” written on each, payable to the order of the

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“Wage & Hour Div., Labor,” and delivered to the U.S. Department of Labor, Wage and

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Hour Division, 100 N. Barranca Ave. Suite 850, West Covina, CA, 91791, on or before

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the date the payment is due.

Consent Judgment (Sol#1219779))

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6. Defendants shall deliver to the Wage and Hour Division, United States De-

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partment of Labor, 100 N. Barranca Ave. Suite 850, West Covina, CA, 91791, the fol-

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lowing:

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a. On or before May 24, 2012, a schedule in duplicate bearing the firm

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name, employer identification number(s), address, and phone number of the de-

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fendants and showing the name, last known (home) address, social security num-

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ber, and gross backwage amount for each person listed in the attached Exhibit 1;

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b. On or before May 24, 2012, a certified or cashier's check or money order

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with the firm name and “BWs + Interest” written on each, payable to the order of

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the “Wage & Hour Div., Labor,” in the amount of $15,000;

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c. On or before June 24, 2012, and again on or before the 24th day of each

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of the 23 months thereafter, a certified or cashier's check or money order with the

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firm name and “BWs + Interest” written on each, payable to the order of the

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“Wage & Hour Div., Labor,” in the amounts reflected on Exhibit 2;

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d. In the event of a default in the timely making of any of the payments

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specified herein, the full amount under the backwage provisions of this Judgment

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which then remains unpaid, plus interest at the rate of ten percent (10%) per year,

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from the date of this Judgment until the full amount of this Judgment is paid in

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full, shall become due and payable upon the Secretary’s sending by ordinary mail

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a written demand to the last business address of the Defendants then known to the

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Secretary;

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e. There will be no pre-payment penalty in the event the Defendants pay

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the full amounts due under the monetary provisions of this Judgment prior to the

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dates set forth above.

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7. The Secretary shall allocate and distribute the remittances, or the proceeds

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thereof, to the persons named in the attached Exhibit 1, or to their estates if that be nec-

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essary, in her sole discretion, and any money not so paid within a period of three years

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from the date of its receipt, because of an inability to locate the proper persons or be-

Consent Judgment (Sol#1219779))

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cause of their refusal to accept it, shall be then deposited in the Treasury of the United

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States, as miscellaneous receipts, pursuant to 29 U.S.C. § 216(c); and, it is further

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ORDERED that the filing, pursuit, and/or resolution of this proceeding with the

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entry of this Judgment shall not act as or be asserted as a bar to any action under FLSA

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§ 16(b), 29 U.S.C. § 216(b), as to any employee not named on the attached Exhibit 1 nor

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as to any employee named on the attached Exhibit 1 for any period not specified therein;

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and, it is further

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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 shall retain jurisdiction of this action for purposes of
enforcing compliance with the terms of this Consent Judgment.

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Dated: June 21, 2012

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U.S. DISTRICT JUDGE

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Consent Judgment (Sol#1219779))

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Consent Judgment (Sol#1219779))

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Consent Judgment (Sol#1219779))

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EXHIBIT 1

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Period
MI Begin Date

Last Name

First Name

AREVALO
BARRAGAN
BARRAJAS
BARRAJAS
BARRAJAS
BOLANOS
CARNELAS
CARRILLO
CARRILLO

SAMUEL
OSCAR
DANIEL
JORGE LUIS
OSCAR
JORGE
JOSE
PRUDENSIO
RAFAEL
JOSE
ALCALA
PEDRO
M
PEDRO
P
ARMANDO
PEDRO
RAMON
AMADOR
ENRIQUE
GREGORIO
JOAQUIN
ANTONIO
MARTINEZ
ALFONSO
CARMELO
PEDRO
LAURIANO
SERGIO
JOSE
ALEX
JESUS
EDGAR
ENRIQUE

CARVAJAL
CASTANEDA
CASTANEDA
CONTRERAS
HERIBERT
HERNANDEZ
LLAMAS
LLAMAS
LOPEZ
MARAVILLA
MEJIA
MENDOZA
MENDOZA
MORALES
RODRIGUEZ
RODRIGUEZ
TRUJILLO
VERDUZCO
ZEPEDA
ZEPEDA

Period
End Date

Gross Back
Wages Due

10/26/2009
10/26/2009
10/26/2009
11/07/2011
10/26/2009
10/26/2009
04/04/2011
10/30/2011
10/26/2009

04/25/2010 $1,923.50
09/25/2011 $23,641.50
12/18/2011 $33,319.25
11/20/2011 $1,650.00
10/10/2010 $8,227.50
01/24/2010 $1,327.50
10/23/2011 $10,207.00
11/13/2011 $8,463.75
10/10/2010 $8,019.00

10/26/2009
04/04/2011
02/06/2011
04/03/2011
10/30/2010
10/26/2009
09/27/2010
05/30/2010
10/26/2009
06/05/2011

11/27/2011
11/20/2011
12/04/2011
12/17/2011
10/23/2011
11/13/2011
11/27/2011
05/01/2011
10/09/2011
10/23/2011

10/23/2011
05/08/2011
10/26/2009
10/16/2011
10/26/2009
10/26/2009
09/12/2010

12/04/2011 $4,230.00
11/13/2011 $1,377.50
11/27/2011 $29,716.00
10/30/2011
$870.00
11/27/2011 $12,359.00
11/27/2011 $14,975.25
11/27/2011 $9,917.38

$31,365.50
$3,356.75
$12,432.00
$14,275.00
$11,399.50
$17,920.75
$14,772.50
$24,650.00
$24,548.50
$4,366.00

10/09/2011 10/23/2011
$580.00
10/26/2009 10/10/2010 $13,832.00
10/26/2009 10/10/2010 $4,520.00

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Consent Judgment (Sol#1219779))

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EXHIBIT 2

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Initial Payment due 5/24/2012

$ 15,000.00

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Payment No.

Date Due

Total Due

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06/24/2012

$28,914.85

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07/24/2012

$28,935.85

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08/24/2012

$28,911.85

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4

09/24/2012

$28,984.61

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10/24/2012

$10,899.00

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11/24/2012

$11,038.51

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12/24/2012

$10,905.62

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01/24/2013

$10,896.56

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02/24/2013

$10,999.80

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03/24/2013

$10,993.89

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04/24/2013

$10,892.13

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05/24/2013

$11,021.38

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13

06/24/2013

$11,201.53

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07/24/2013

$10,900.76

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08/24/2013

$10,891.69

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09/24/2013

$11,211.82

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10/24/2013

$10,894.12

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11/24/2013

$11,056.05

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12/24/2013

$11,082.33

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01/24/2014

$11,124.70

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02/24/2014

$11,068.22

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03/24/2014

$10,950.58

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04/24/2014

$11,101.73

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05/24/2014

$11,085.54

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Consent Judgment (Sol#1219779))

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