Julie Su v. EGreen Transport Corporation et al

Filing 8

JUDGMENT AND PERMANENT INJUNCTION AGAINST ALL DEFENDANTS 19 by Judge Wesley L. Hsu. JUDGMENT IS HEREBY ENTERED, in favor of the Acting Secretary as a judgment owed to the United States of America and against Defendants in the total amount of $580,000.00 plus interest. IT IS HEREBY ORDERED THAT: Defendants shall pay the monies owed above as follows: Defendants' have already paid $170,246.83 which shall go to towards the liquidated damages and compensatory damages in this judgment. Defendants shall pay the remaining balance of $ 409,753.17 plus interest at a rate of 5%, consisting of compensatory damages, punitive damages, and back wages, per the following schedule for total principal of 429,754.00 and interest of $7,192.35. See judgment for details. (MD JS-6. Case Terminated) (lom)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 JULIE A. SU, Acting Secretary of Labor, United States Department of Labor 14 v. 15 16 17 18 Plaintiff, EGREEN TRANSPORT CORPORATION; HONG “CHARLES” CHEN; YU “MONICA” WANG, 19 Case No. 5:25?cv?00092-WLH (SPx) JUDGMENT AND PERMANENT INJUNCTION AGAINST ALL DEFENDANTS [19] Defendants. 20 21 22 23 24 25 26 27 28 Plaintiff Julie A. Su, Acting Secretary of Labor, United States Department of Labor, Corporate Defendant EGREEN TRANSPORT CORPORATION (“Corporate Defendant”), and Individual Defendants HONG “CHARLES” CHEN, YU “MONICA” WANG(“Defendants”) (collectively the “Parties”) have agreed to resolve the matters in controversy in this civil action and agree to the entry of this Consent Judgment and Permanent Injunction (“Consent Judgment”) as provided below. 1 2 STATEMENTS BY AND AGREEMENTS BETWEEN THE PARTIES A. On January 15, 2025, the Acting Secretary filed her Complaint in the 3 above-captioned proceeding, naming Defendants EGREEN TRANSPORT 4 CORPORATION, HONG “CHARLES” CHEN, YU “MONICA” WANG alleging 5 violations of Sections 6, 7, 11(a), 11(c), and 15(a)(1)-(3) of the FLSA, 29 U.S.C. 6 §§ 206, 207, 211(a), 211(c), 215(a)(1)-(3). Defendants waive issuance and service 7 of the Summons and Complaint and waive their response to the Acting Secretary’s 8 Complaint. 9 B. Defendants admit that the Court has jurisdiction over the Parties and 10 the subject matter of this this civil action, and that venue lies in the Central District 11 of California. 12 C. 13 14 15 16 The Parties agree to waive findings of fact and conclusions of law and agree to the entry of this Consent Judgment without further contest. D. Defendants deny that they violated the law in any way, but they agree herein to resolve all allegations of the Acting Secretary’s Complaint. E. Individual Defendants Hong “Charles” Chen and Yu “Monica” Wang 17 admit that for purposes of the FLSA they are employers or joint employers of all 18 warehousing logistics workers working at the Egreen Transport Corporation 19 warehouses at 11450 Philadelphia Ave, Jurupa Valley, CA 91752; 18550 Orange 20 Street, Bloomington, CA 92316; 2380 W Baseline Rd, Fontana, CA 92336; 1980 21 US-1 North Brunswick Township, NJ 08902; 102 Norwest Ct Suite 100, 22 Savannah, GA 31407; 455 Jimmy Deloach Pkwy, Savannah, GA 31407, including 23 those employed directly by staffing companies rather than by Defendants. 24 F. Defendants represent that they and all individuals and entities acting 25 on their behalf or at their direction have notice of, and understand, the provisions 26 of this Consent Judgment. 27 28 G. Entry of this Consent Judgment marks the resolution of all claims by Defendants and/or the Acting Secretary relating to the Acting Secretary’s 2 1 inspection into Defendants’ Compliance with the FLSA for the time periods listed 2 herein in the Exhibit 1. PERMANENT INJUNCTION 3 4 5 Pursuant to the statements and agreements above, upon joint motion of the attorneys for the Parties, and for cause shown, 6 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, 7 pursuant to Section 17 of the FLSA, 29 U.S.C. § 217, Defendants and the persons 8 and entities identified in the previous paragraph are permanently enjoined and 9 restrained from violating the FLSA, including through any of the following 10 manners: 11 1. Contrary to Sections 6 and 15(a)(2) of the FLSA, paying any of their 12 employees who in any workweek are engaged in commerce or in the production of 13 goods for commerce or who are employed in an enterprise engaged in commerce 14 within the meaning of the FLSA, wages at a rate less than the federal minimum 15 wage, which cannot be less than $7.25 per hour (or at a rate less than such other 16 applicable minimum rate as may hereafter be established by amendment to the 17 FLSA). 18 2. Contrary to Sections 7 and 15(a)(2) of the FLSA, paying any of their 19 employees who in any workweek are engaged in commerce or in the production of 20 goods for commerce or who are employed in an enterprise engaged in commerce 21 within the meaning of the FLSA, less than one and half times the particular 22 employee’s regular hourly rate for hours worked in excess of 40 hours in a 23 workweek; the regular hourly rate shall include all sums paid in a workweek, 24 including any production bonuses, as required under Section 7(e) of the FLSA. 29 25 U.S.C. § 207(e) and 29 CFR Part 778. 26 3. Contrary to Sections 11(c) and 15(a)(5) of the FLSA, failing to make, 27 keep, and preserve records of their employees and of the wages, hours and other 28 conditions and practices of employment maintained by them, as prescribed by the 3 1 regulations issued, and from time to time amended, pursuant to Section 11(c) of the 2 FLSA and found in 29 C.F.R. Part 516, including for each employee, the hours 3 worked each day and each workweek, the employee’s regular hourly rate of pay, 4 total daily or weekly straight time earnings, overtime rate of pay, total premium 5 pay for overtime hours and identification of each deduction made from the 6 employee’s earnings along with a description of the basis/reason and method of 7 calculation of the deduction. 8 4. Contrary to Section 11(a) of the FLSA, interfering or obstructing any 9 investigation of the Acting Secretary, including by directing employees not to 10 speak to the Acting Secretary or her representatives and/or otherwise deterring 11 them from cooperating in any investigation of the Acting Secretary through threats 12 or intimidation. 13 5. Contrary to Section 15(a)(3) of the FLSA, engaging in any retaliatory 14 actions because such employee has filed any complaint or instituted or caused to be 15 instituted any proceeding under the FLSA, has testified or is about to testify in any 16 such proceeding, or has otherwise exercised their rights under the FLSA. 17 Prohibited discriminatory and retaliatory actions include adversely changing the 18 terms and conditions, discharging, replacing, name-calling and threatening, 19 reporting them to the police for protected activity, or telling workers that 20 communicating with the Acting Secretary will result in immigration, legal, 21 criminal or other action against them and/or otherwise deterring employees from 22 cooperating with or speaking to the Acting Secretary’s representatives. 23 6. Contrary to Section 15(a)(1) of the FLSA, transporting, offering for 24 transportation, shipping, delivering, or selling in commerce, and/or shipping, 25 delivering, or selling with knowledge that shipment or delivery or sale thereof in 26 commerce is intended, any goods that have been processed and/or produced by any 27 employee whom Defendants failed to pay the overtime premium rate for hours 28 worked over forty in the workweek. 4 1 7. Requesting, soliciting, suggesting, or coercing, directly, or indirectly, 2 any employee to return or to offer to return to Defendants or to someone else for 3 Defendants, any money in the form of cash, check, or any other form, for wages 4 previously due or to become due in the future, or other forms of monetary damages 5 or relief, to said employee under the provisions of this Consent Judgment, or the 6 FLSA; or accepting or receiving from any employee, either directly or indirectly, 7 any money in the form of cash, check, or any other form, for wages or monetary 8 damages heretofore or hereafter paid to the employee under the provisions of this 9 Consent Judgment or the FLSA. 10 8. Withholding payment of $112,994.00, which constitutes the back 11 wages found to be due by the Defendants under the FLSA to the employees, who 12 are identified by name in Exhibit 1, which is incorporated in and made part of this 13 Consent Judgment. 14 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, 15 pursuant to Section 17 of the FLSA, 29 U.S.C. § 217, Defendants, their agents, 16 servants, employees, companies, and all persons and entities acting at their 17 direction or in concert or participation with their direction, shall take the following 18 affirmative actions: 19 9. Within ten (10) days of the date of entry of this Consent Judgment, 20 and within fourteen (14) days of any subsequent change to the information below 21 for a period of two (2) years, Defendants shall: 22 a. notify the Acting Secretary of any third-party entities, including 23 contractors, that are providing staffing services to Defendants, with an explanation 24 of the services being provided, and to provide the Acting Secretary with a copy of 25 any contract(s) entered into with such entities; and 26 b. provide the Acting Secretary with Defendants’ address, 27 telephone number, and email address, where they agree to be contacted for 28 purposes of communicating about and carrying out the provisions of this Consent 5 1 Judgment. 2 10. For a period of two (2) years beginning on the date of this Consent 3 Judgment, Defendants must immediately notify and inform the Acting Secretary of 4 any change to any of the information it previously provided in Paragraph 9 above. 5 Defendants shall also inform the Acting Secretary of any changes to their contact 6 information. These notifications shall take place within three (3) business days. 7 11. Within thirty (30) days of the date of this Consent Judgment, 8 Defendants shall contract with a trainer to provide FLSA training to all managers 9 and supervisors working at its warehousing logistics facilities addressing, at a 10 minimum, the FLSA provisions governing minimum wage, overtime, 11 recordkeeping, anti-retaliation, and interference. The training shall be for one 12 session of that least one hour with an opportunity for questions and answers in 13 languages with which the employees are comfortable. If needed, the trainer will 14 hire interpreter(s). Defendants shall provide the Acting Secretary seven days’ prior 15 notice and permit the Acting Secretary’s representative to attend the training. 16 Defendants shall provide proof that this training has occurred within seven (7) days 17 of each training. Defendants shall provide this training on an annual basis for a 18 period of at least two (2) years. 19 12. For a period of two (2) years beginning on the date of this Consent 20 Judgment, Defendants shall allow the Acting Secretary, her representatives, or 21 agents to enter any location where any Defendant provides warehousing logistics 22 to provide a one-hour FLSA Notice of Rights training to all nonmanagerial 23 employees of Defendants and/or to freely speak to employees about Defendants’ 24 compliance with this Consent Judgment and the FLSA. Defendants will tell 25 employees that they can stop working during this training and Defendants will 26 compensate employees for their time attending this training. The Acting Secretary 27 or her representatives shall be authorized to enter these locations two times per 28 year to provide the training and speak with employees. The Acting Secretary 6 1 agrees to provide reasonable and sufficient notice of up to two weeks for these 2 trainings to Defendants to allow for the scheduling of mutually agreeable dates and 3 times. 13. 4 If any Defendant hires, rents to, retains or utilizes a third-party service 5 provider to provide labor within a warehousing logistics establishment owned, 6 operated or controlled by such Defendant, either directly or through a corporation 7 owned by a Defendant, 1 (“Defendant’s facility”), and/or otherwise to provide 8 timekeeping or payroll services with respect to the workers in Defendants’ 9 facilities, then: 10 a. 11 party requiring that the third-party affirmatively: i. 12 13 Defendant shall enter into a written contract with such thirdacknowledge receipt and review of WHD Fact Sheets 10, 14, 21, 22, 23, and 77A; ii. 14 agree to comply with the federal minimum wage, 15 overtime, recordkeeping, and anti-retaliation provisions of the FLSA as well as all 16 state law wage requirements; iii. 17 agree to implement and maintain a timekeeping system 18 that accurately records the hours worked by employees consisting of the minimum 19 requirements: employees must clock-in their start time and end time each day; 20 employees must record their own hours and neither the third-party service provider 21 nor Defendant shall clock-in for employees except to correct any timekeeping 22 errors, such as when an employee fails to appropriately clock-in or out; iv. 23 24 agree to allow Defendant access to all payroll and timekeeping records it creates for employees working within Defendant’s facility; v. 25 agree to comply with any investigation conducted by the 26 27 28 Defendants’ warehousing logistics facilities include but are not limited to: 11450 Philadelphia Ave, Jurupa Valley, CA 91752; 18550 Orange Street, Bloomington, CA 92316; 2380 W Baseline Rd, Fontana, CA 92336; 1980 US-1 North Brunswick Township, NJ 08902; 102 Norwest Ct Suite 100, Savannah, GA 31407; 455 Jimmy Deloach Pkwy, Savannah, GA 31407. 1 7 1 Acting Secretary pursuant to Section 11 of the FLSA, including freely interviewing 2 any employees or workers performing work within Defendants’ facility; and 3 14. Defendants are permanently enjoined from communicating, directly or 4 indirectly, in any manner to any third party, regarding whether any employee may 5 have or may be perceived to have engaged in protected activity under the FLSA, 6 including but not limited to any connection any employee may have with a 7 Department of Labor, and are specifically enjoined from taking any other action to 8 restrict such employee from seeking or obtaining any other work. Defendants have 9 an ongoing duty to provide the Acting Secretary with access to all records required 10 to be made, kept, or preserved under Section 11 of the FLSA, including all other 11 time, piece rate, employee, and payroll records, upon request and no later than 12 three (3) business days after such request is made. 13 15. Should Defendants maintain a video monitoring system of employees 14 and/or workers, Defendants shall immediately provide the Acting Secretary with 15 access to review this footage upon request. The requirements of this Paragraph 16 shall remain in effect for a period of two (2) years beginning on the of this Consent 17 Judgment. 18 16. Defendants have an ongoing duty to provide an earnings statement to 19 each of their employees, and ensure that any employee, beginning with the first 20 paycheck issued following entry of this Consent Judgment, receives the following 21 information: (1) gross wages paid to the employee each workweek; (2) total hours 22 worked each workweek; (3) a list of itemized deductions from employees’ pay; (4) 23 net wages earned; (5) the inclusive start and end dates of the pay period; (6) the 24 employee’s name and employee identification number; (7) the applicable hourly 25 rates (including straight time and overtime rates) and corresponding number of 26 hours worked at each hourly rate, or, as applicable, the applicable piece rates 27 (including the precise formula used to calculate the piece rate and overtime rates) 28 and corresponding number of pieces worked at each piece rate; (8) total straight8 1 time wages paid; (9) the calculation of any bonuses, and (10) total overtime wages 2 paid. Defendants shall produce these earnings statements to the Acting Secretary 3 upon request within (3) days. 4 17. All documents produced by Defendants as required under this 5 Consent Judgment must be produced in an electronic, searchable format to the 6 extent Defendants’ documents are maintained or may be generated in such a 7 format. If a document is neither maintained nor may be generated in an electronic, 8 searchable format, then Defendants shall produce the document in an electronic 9 format with all metadata intact to the extent such metadata exists. If a subject 10 document is produced in a comma-separated-values (“CSV”) file, such as an Excel 11 spreadsheet, then the documents must be produced in such format and not 12 converted to a PDF. Documents must be organized in a manner that clearly 13 identifies the nature of the documents. 14 18. Defendants, their agents, servants, and employees, and any person in 15 active concert or participation with them, shall not in any way directly or 16 indirectly, demand, require or accept any of the back wages, monetary damages, or 17 liquidated damages from the individuals listed on the operative Exhibit 1. 18 Defendants shall not threaten or imply that adverse action will be taken against any 19 employee because of their receipt of funds to be paid under this Consent Judgment. 20 Violation of this Paragraph may subject Defendants to equitable and legal 21 damages, including punitive damages and civil contempt. 22 23 24 19. Defendants have an ongoing duty to maintain payroll practices at any business they own, operate, or control, currently and in the future, as follows: a. Defendants shall accurately record the information required by 25 29 C.F.R. § 516.2 in the payroll records, including, for each employee (1) all hours 26 worked by each workday and workweek, including all pre- and post-shift work; (2) 27 the rate(s) of pay for each of the hours worked during a workweek; (3) the number 28 of pieces completed by each workday and workweek, if employee is paid per 9 1 piece; (4) the calculation of any non-discretionary bonuses (i.e., production or 2 incentive bonus); (5) the total weekly straight-time earnings due for the hours 3 worked during the workweek; (6) the total premium pay for overtime hours; and 4 (7) the dollar value of all equipment, tools, clothing, and supplies paid for and used 5 in or specifically required for the employee’s work; b. 6 7 Defendants shall record all wages paid to employees, regardless of the manner of payment, on payroll records; c. 8 Defendants shall not alter or manipulate time or payroll records 9 to reduce the number of hours actually worked by an employee, and Defendants 10 shall not encourage workers to under-report their hours worked; and d. 11 Defendants shall not direct supervisors, employees, or payroll 12 preparers to falsify time or payroll records in any manner including reducing the 13 number of hours worked by employees, and Defendants shall direct supervisors 14 and payroll providers to encourage workers to report all hours worked. 15 20. Defendants shall provide the notice in Exhibit 2 to all workers in all of 16 their warehousing logistics facilities immediately upon hire (or rehire), and in a 17 language understandable to them, and shall place the notice prominently around 18 the workplace. 19 21. 20 For purposes of contacting the Acting Secretary under the terms of this Consent Judgment, Defendants shall notify: 21 Wage Hour Division, West Covina District Office 22 Attention: District Director Daniel Pasquil 23 100 Barranca St, Suite 850, 24 West Covina, CA 91791 25 JUDGMENT 26 22. JUDGMENT IS HEREBY ENTERED, pursuant to Section 16(c) 27 and (e) of the FLSA, in favor of the Acting Secretary as a judgment owed to the 28 United States of America and against Defendants in the total amount of 10 1 $580,000.00 plus interest. This total amount comprises $112,994.00 in unpaid 2 minimum wage and overtime payments; and $134,271.96 in liquidated damages 3 (including for wages paid late), pursuant to authority expressly provided in Section 4 16 of the FLSA, 29 U.S.C. § 216. This amount also comprises of $173,768.04 in 5 compensatory damages for emotional distress, $13,966.00 in compensatory 6 damages for pecuniary damages, and $145,000.00 in punitive damages for 7 retaliation. 8 23. Within one (1) year of entry of this Consent Judgment, the Acting 9 Secretary shall file a supplemental Exhibit 1 listing the amount of back wages, 10 liquidated damages, and other damages paid or to be paid to employees subject to 11 this Consent Judgment. 12 Pursuant to this Judgment, IT IS HEREBY ORDERED THAT: 13 24. Defendants shall pay the monies owed above as follows: Defendants’ 14 have already paid $170,246.83 which shall go to towards the liquidated damages 15 and compensatory damages in this judgment. Defendants shall pay the remaining 16 balance of $ 409,753.17 plus interest at a rate of 5%, consisting of compensatory 17 damages, punitive damages, and backwages, per the following schedule: 18 19 20 21 22 23 24 25 26 27 28 PAYMENT BEGINNING DATE BALANCE 1 2/15/2025 $429,754.00 2 3/15/2025 $369,123.73 3 4/15/2025 $308,240.84 4 5/15/2025 $247,104.27 5 6/15/2025 $185,712.97 6 7/15/2025 $124,065.86 7 8/15/2025 $ 62,161.90 TOTAL: 25. PAYMENT PRINCIPAL INTEREST $ 62,420.91 $ 62,420.91 $ 62,420.91 $ 62,420.91 $ 62,420.91 $ 62,420.91 $ 62,420.91 $436,946.35 $1,790.64 $1,538.02 $1,284.34 $1,029.60 $ 773.80 $ 516.94 $ 259.01 $7,192.35 $ 60,630.27 $ 60,882.89 $ 61,136.57 $ 61,391.31 $ 61,647.10 $ 61,903.97 $ 62,161.90 $ 429,754.00 TYPE OF PAYMENT Compensatory Compensatory Comp/punitive Punitive Punitive Punitive/BW Backwages Defendants shall make the back wage and damages payments required by this Consent Judgment (plus interest as applicable) online by ACH transfer, credit card, debit card, or digital wallet by going to https://www.pay.gov/public/form/start/77761888, or by going to www.pay.gov and searching “WHD Back Wage Payment - WE Region”. Payments shall reference 11 1 BW Case Number #1992599. Separately, Defendants shall make the civil money 2 penalty payments required by this Consent Judgment online by ACH transfer, 3 credit card, debit card, or digital wallet by going to 4 https://www.pay.gov/public/form/start/77761888, or by going to www.pay.gov and 5 searching “WHD Civil Money Penalty - WE Region.” 6 26. In the event of any default in the timely making of any payment due 7 hereunder, the full judgment amount, which then remains unpaid, plus post- 8 judgment interest at the rate of 10% per year, from the date of Defendants’ default 9 until paid in full, shall become due and payable upon the Acting Secretary’s 10 sending by ordinary mail a written demand to the last available addresses of 11 Defendants then known to the Acting Secretary with electronic copies also 12 concurrently e-served on Defendants or, if applicable, their counsel. Upon the 13 Acting Secretary’s request, the Court will issue an amended judgment reflecting 14 the amounts due based on Defendant’s default. 15 27. The Acting Secretary shall distribute the proceeds from the settlement 16 payments described in Paragraph 24 in the amounts set forth in Exhibit l, less 17 deductions for employees’ share of payroll taxes and income tax withholding on 18 the back wage amounts, to the employees identified therein, or if necessary, to the 19 employees’ estates. Any monies not distributed to employees because of an 20 inability to locate the proper persons or because of their refusal to accept it, the 21 Acting Secretary shall deposit the payment into the Treasury of the United States 22 as miscellaneous receipts under 29 U.S.C. § 216(c). Defendants shall deposit the 23 employer’s portion of payroll taxes with the relevant taxing authorities. 24 FURTHER, IT IS HEREBY ORDERED THAT 25 28. The filing, pursuit, and/or resolution of this proceeding with the entry 26 of this Judgment shall not act as or be asserted as a bar to any action or claim under 27 FLSA § 16(b), 29 U.S.C. § 216(b), as to any employee not named on the attached 28 Exhibit 1, nor as to any employee named on the attached Exhibit 1 for any period 12 1 2 not specified therein, nor as to any employer other than Defendant. 29. Defendants hereby waive any and all claims and defenses against the 3 Acting Secretary and her representatives that they could have brought as of the 4 date of the entry of the Consent Judgment. 5 30. Each Party shall bear its own fees and other expenses incurred by such 6 Party in connection with any stage of this proceeding, including but not limited to 7 attorneys’ fees, which may be available under the Equal Access to Justice Act, as 8 amended. 9 31. The Court shall retain jurisdiction of this action for purposes of 10 enforcing compliance with the terms of this Consent Judgment. 11 IT IS SO ORDERED 12 13 14 DATED: 1/24/2025 15 _____________________________________ HON. WESLEY L. HSU 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Consented to by: _______________________________________ Paul DeCamp, Esq. Attorney for Defendants Date: _________ _______________________________________ Paul Cheng, Esq. Attorney for Defendants Date: _________ _______________________________________ Hong “Charles” Chen Defendant Date: _________ _______________________________________ Yu “Monica” Wang Defendant Date: _________ _______________________________________ EGREEN TRANSPORT CORPORATION Defendant Date: _________ 17 18 19 20 21 22 23 24 25 26 27 28 14 1 2 3 4 5 6 7 8 9 10 11 12 For Plaintiff Acting Secretary of Labor, United States Department of Labor SEEMA NANDA Solicitor of Labor MARC A. PILOTIN Regional Solicitor BORIS ORLOV Counsels for Wage and Hour /s/ SONYA SHAO Senior Trial Attorney Attorneys for Plaintiff Julie A. Su, United States Acting Secretary of Labor 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 1 EXHIBIT 1 2 Georgia 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 First Name Xishun Jinsheng Xiangzhu Peng Tian Leilei Huiqing Lei Ufn Shuiqi Wenfeng Yang Lixin Tianjian Dongxu Yahui Qingtao Lipeng Song Geremy Samir Elmer Rene Miguel Gilberto Henry Rafael Mateo Julian Rosalino Jose Joel Sandro Jose Last Name Chen Deng Deng Deng Jin Li Li Li Li Liu Shi Song Wang Wu Yao Yu Zhang Zhang Zhang Asuaje Benitez Calel Carballo Castillo Dubernet Fernandez Franco Gonzalez Guevara Hernandez Lozano Maldonad o Mariano Period Covered 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 04/05/2024 - 04/05/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 Back Liquidated Wages Damages $803.85 $2,660.85 $5,447.83 $5,990.85 $5,447.00 $5,447.00 $2,660.85 $2,660.85 $6,583.18 $7,126.20 $5,355.70 $7,355.70 $6,290.10 $6,290.10 $5,690.83 $6,233.85 $5,447.83 $5,990.85 $0.00 $936.94 $936.94 $936.94 $7,355.70 $7,355.70 $565.85 $5,990.85 $936.94 $936.94 $5,990.85 $5,990.85 $0.00 $936.94 $2,490.85 $5,990.85 $210.85 $2,660.85 $2,660.85 $2,660.85 $568.75 $568.75 $1,357.00 $1,357.00 $348.75 $348.75 $350.00 $350.00 $790.00 $790.00 $328.75 $328.75 $1,357.00 $1,357.00 $394.00 $394.00 $348.75 $348.75 $488.75 $488.75 $843.50 $843.50 $488.75 $488.75 $334.00 $658.00 $334.00 $658.00 1 2 3 4 5 6 7 8 9 10 11 12 13 Wilson Tulio Jairo Manuel Cesar Jose Manuel Fernando Edwin Javier Javier Marvin Elvin Omar Roberto Eduar Alexander Beltran Maria De Perez Los Angeles Hernandez 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Medina Murillo Ortega Pena Peralta Ramos Serrano Valladares Velez Zunun Ocon Silva Velasquez Velasquez Cabaniel First Name Xishun Jinsheng Xiangzhu Peng Tian Leilei Huiqing Lei Ufn Shuiqi Wenfeng Yang Lixin Xiaomeng Tianjian Dongxu Yahui 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 05/03/2024 - 06/21/2024 04/12/2024 - 04/26/2024 $488.75 $454.75 $586.00 $348.75 $579.50 $454.75 $531.75 $638.75 $614.00 $574.00 $2,520.00 $488.75 $454.75 $586.00 $348.75 $579.50 $454.75 $531.75 $638.75 $614.00 $574.00 $2,520.00 04/19/2024 - 04/26/2024 04/19/2024 - 04/26/2024 $420.00 $2,545.00 $420.00 $2,545.00 04/19/2024 - 04/26/2024 $1,972.00 $1,972.00 04/19/2024 - 04/26/2024 $2,000.00 Compensatory Damages Emotional Pecuniary Punitive Last Name Distress Damages Damages Chen $10,753.61 $700.00 $10,000.00 Deng $550.00 $10,000.00 Deng $15,000.00 $1,080.00 $10,000.00 Deng $10,753.61 $700.00 $10,000.00 Jin $15,000.00 $850.00 $10,000.00 Li $700.00 Li $30,000.00 $1,036.00 $20,000.00 Li $880.00 Li $0.00 Liu $10,753.61 $850.00 $10,000.00 Shi $600.00 Song $550.00 Wang $1,000.00 $10,000.00 Wang $5,000.00 Wu $10,753.61 $750.00 $10,000.00 Yao $480.00 Yu $800.00 $10,000.00 . Case No. 5:25?cv?00092-WLH (SPx) Page ii 1 2 3 Qingtao Lipeng Song Roberto Zhang Zhang Zhang Cabaniel $30,000.00 $15,000.00 $15,000.00 $10,753.61 $640.00 $1,000.00 $800.00 $10,000.00 $10,000.00 $10,000.00 4 New Jersey 5 6 7 8 9 10 11 First Name Jiwen Haizhou Zhiqiang Sikai Lihua Menghua Last Name Li Lin Liu Wang Zhang Zhao Period Covered 03/08/2024 - 04/05/2024 03/08/2024 - 04/05/2024 03/08/2024 - 04/05/2024 03/08/2024 - 04/05/2024 03/08/2024 - 04/05/2024 03/08/2024 - 04/05/2024 Back Liquidated Wages Damages $3,339.00 $3,339.00 $3,339.00 $3,339.00 $3,339.00 $3,339.00 $3,339.00 $3,339.00 $3,339.00 $3,339.00 $3,339.00 $3,339.00 12 California 13 14 15 16 17 18 First Name Yanyang Zhi Yinghui Hee J. Last Name Gu Chen Liu Lee Period Covered 3/10/2024 - 3/17/2024 3/10/2024 - 3/17/2024 3/10/2024 - 3/17/2024 3/10/2024 - 3/17/2024 Back Liquidated Wages Damages $1,400.00 $1,400.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 $1,800.00 $1,800.00 19 20 21 22 23 24 25 26 27 28 . Case No. 5:25?cv?00092-WLH (SPx) Page iii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT 2 AVISO A EMPLEADOS Egreen desea garantizarle el cumplimiento de la Ley de Normas Laborales Justas (“FLSA”) y notificarle: • La FLSA fue diseñada para cerciorarse que los empleados tienen derechos independientemente de su estatus migratorio, • Usted tiene numerosos derechos bajo la ley federal, adjunto con la ley del estado. Sus derechos federales incluyen: o Se le debe pagar por todo el trabajo que haga para su empleador. o Usted tiene derecho a una prima por horas extras, a tiempo y medio de su sueldo regular por hora, por todas las horas trabajadas de mas de 40 horas por semana; este incluye los empleados pago por pieza; o Si su sueldo se le paga tarde, usted tiene derecho a una indemnización por daños y perjuicios; • Es ilegal que su empleador lo trata de manera diferente o tome represalias contra usted porque habló con un representante del DOL (Departamento de Trabajo por sus siglas en inglés), participó en una investigación del DOL o habló sobre sus derechos laborales. Si desea hablar con el DOL, puede comunicarse con ellos al: 1-866-4-USWAGE ???? Egreen ??????????????????“FLSA”?????? • ????????????????????????????? - ???????? - ? ????????????????? • ????????????????????????????? • ??????????????????? • ???????????????? 40 ??????????????? 1.5 ? - ? ????????? • ???????????????????????????????? • ???????????????????????????????????????? ???????????? ?????????????????????????: 1-866-4-USWAGE NOTICE TO EMPLOYEES Egreen wishes to assure you of compliance with the Fair Labor Standards Act (“FLSA”) and notify you: • The FLSA was designed to ensure that employees have rights regardless of immigration status; • You have numerous rights under the FLSA in addition to state law. Federal rights include: o You must be paid for all hours spent working for your employer; o You are entitled to an overtime premium, or, one and a half times your regular pay rate, for all hours you work over 40 hours in a workweek – this includes piece rate employees; • If any of your pay is late, i.e., not paid on your regular pay day, you are entitled to damages.It is illegal for your employer to treat you differently or retaliate against you because you talked to a DOL representative, participated in a DOL investigation, or spoke up about your workplace rights. If you wish to speak to the federal Department of Labor, you may contact them at: 1-866-4-USWAGE 28 . Case No. 5:25?cv?00092-WLH (SPx) Page iv

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