Thomas E. Perez v. SJCMG, Inc. et al

Filing 31

CONSENT JUDGMENT AND ORDER by Judge Andrew J. Guilford. HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants and their agents, family members, attorneys, supervisors, managers, co-employers, employees, successors- in-interest, officers, owners, agents, or directors, and all those in active concert or participation with Defendants or acting on their behalf or at their direction, are permanently enjoined and restrained. FURTHER, JUDGMENT IS HEREBY ENTERED, under Section 16(c) of the FLSA, in favor of the Secretary as a judgment owed to the United States of America and against Defendants, jointly and severally, in the total amount of $45,400.00, which includes the $22,700.00 in unpaid overtime compensation referenced above to the present and former Mission Grill employees who are identified in Exhibit B, plus an additional equal amount of $22,700.00 as statutorily authorized liquidated damages. 30 *Refer to Order for details.* (MD JS-6. Case Terminated ) (es)

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Janet M. Herold
Regional Solicitor
Daniel J. Chasek
Associate Regional Solicitor
Natalie Nardecchia
Trial Attorney (CSBN #246486)
M. Cristopher Santos
Trial Attorney (CSBN #306346)
Office of the Solicitor
United States Department of Labor
350 South Figueroa Street, Suite 370
Los Angeles, California 90071-1202

JS-6

Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for the Plaintiff
Acting Secretary of Labor

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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EDWARD HUGLER,1 Acting
Secretary of Labor, United States
Department of Labor,
Plaintiff,

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v.
SJCMG INC., dba MISSION
GRILL, a California corporation;
JOHN GILLOTTI, an individual, and
as managing agent of the Corporate
Defendant; and JUAN FARIAS, an
individual, and as managing agent of
the Corporate Defendant,

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Case No: 8:16-cv-1353 AG-DFM
CONSENT JUDGMENT
AND ORDER
Complaint Filed: July 20, 2016
Trial Date: September 12, 2017

Defendants.

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Edward Hugler became the acting Secretary of Labor effective January 20, 2017.
Pursuant to F.R.C.P. 25(d), the caption has been changed to reflect his appointment.

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Plaintiff Acting Secretary of Labor Edward Hugler and Defendants SJCMG, INC.,
dba MISSION GRILL ("Mission Grill"), JOHN GILLOTTI ("Gillotti"), and JUAN

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FARIAS ("Farias") (collectively "Defendants") have agreed to resolve the matters in

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controversy in this civil action and consent to the entry of this Consent Judgment for

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violations of the Fair Labor Standards Act ("FLSA").

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I.

LIABILITY

1. The Secretary filed a Complaint alleging that Defendants violated Sections 7,
11(c), 15(a)(2), and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended
("FLSA"), 29 U.S.C. §§ 207, 211(c), 215(a)(2), and 215(a)(5).

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

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matter of this civil action. Defendants further admit that venue lies in the central district

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court for the District of California.
3. The Secretary and Defendants waive Findings of Fact and Conclusions of Law.
4. Defendants acknowledge that they and any individual or entity acting on their

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behalf or at their direction or in conjunction with Defendants have notice of, and

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understand, the provisions of this Consent Judgment and Order.

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5. Defendants admit that at all relevant times SJCMG, Inc., dba Mission Grill was an
enterprise engaged in commerce or in the production of goods for commerce within the
meaning of Section 3(s)(1)(A) of the FLSA, 29 U.S.C. § 203(s)(1)(A).

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CONSENT JUDGMENT

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6. Defendants admit that at all relevant times Mission Grill, Gillotti, and Farias were
employers of Mission Grill employees within the meaning of Section 3(d) of the FLSA,

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29 U.S.C. § 203(d).
7. Defendants admit that, in violation of Sections 7 and 15(a)(2) of the FLSA, during

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the period from July 20, 2013 to September 23, 2015, Defendants failed to pay
employees time and a half their regular rate for hours that employees worked over 40 in
a workweek. These violations occurred as a result of Defendants' practice of paying
employees their straight time rate, instead of time and a half, for hours worked over 40
in a workweek, as well as due to Defendants' practice of making unlawful deductions for

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the cost of uniforms, cash register shortages, and other business expenses.
8. Defendants admit that, in violation of Section 11(c) of the FLSA, during the

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period from July 20, 2013 to September 23, 2015, Defendants failed to make, keep, and
preserve accurate records of the wages, hours, and other conditions and practices of
employment.

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9. Defendants understand and expressly acknowledge that demanding or accepting

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any of the monies due under this Order to any current or former employees under this

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Consent Judgment and Order, threatening any employee for accepting monies due under
this Consent Judgment and Order, or threatening any employee for exercising any of his
or her rights under or related to the FLSA is specifically prohibited and may subject

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CONSENT JUDGMENT

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Defendants to equitable and legal damages, including punitive damages and civil
contempt.

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10. Defendants agree to take all steps necessary, as set forth herein, to secure and
make payment of the funds due under this judgment.

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II.

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INJUNCTION

It is therefore, upon motion of the attorneys for the Secretary, and for cause shown,
HEREBY ORDERED, ADJUDGED, AND DECREED that under Section 17 of the
FLSA, 29 U.S.C. § 217, Defendants and their agents, family members, attorneys,
supervisors, managers, co-employers, employees, successors-in-interest, officers,

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owners, agents, or directors, and all those in active concert or participation with

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Defendants or acting on their behalf or at their direction, are permanently enjoined and

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restrained from violating the provisions of the FLSA, in any of the following manners:
11. Defendants shall not, contrary to Sections 7 and 15(a)(2) of the FLSA, 29 U.S.C.
§§ 207 and 215(a)(2), pay any of their employees who in any workweek are engaged in

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commerce or the production of goods for commerce, or who are employed in an

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enterprise engaged in commerce or in the production of goods for commerce, within the

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meaning of the FLSA, less than time and one half the employees' regular rate for hours
worked in excess of 40 hours in a workweek. Defendants shall not attempt, in any way,
to coerce their employees into accepting straight time pay for hours over forty in a
workweek — this includes but is not limited to coercing employees into signing waivers

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of their FLSA rights, which would be unenforceable in any event. Defendants shall not
deduct from employees' wages the cost of uniforms, cash register shortages, or other

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expenses.
12. Defendants shall pay all non-exempt employees for all hours worked, including

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time and one half for hours worked over 40 in a workweek, regardless of whether such
employees are paid on a "salary."
13. Defendants shall not alter or manipulate any time or pay records to reduce the
number of hours actually worked by an employee in a given workweek.
14. Defendants shall not, contrary to Section 11(c) of the FLSA, 29 U.S.C. § 211(c),

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and 29 C.F.R. Part 516, fail to make, keep, and preserve accurate records of the wages,

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hours, and other work conditions and practices of each and every employee who

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performs any work for Defendants. To this end, Defendants shall procure, if necessary,
and install a time clock at each work location and ensure that each employee does the
following: (i) begins work each day by clocking/punching in as soon as the employee

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enters the worksite and/or employer's premises; (ii) begins any uninterrupted work-free

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meal period of 30 minutes or more by clocking/punching out; (iii) ends any

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uninterrupted work-free meal period of 30 minutes or more by clocking/punching back
in; (iv) ends work each day by clocking/punching out just before the employee leaves
the worksite and/or employer's premises.

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CONSENT JUDGMENT

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15. Defendants shall also post the contact information for Wage Hour (Assistant
District Director Tony Pham, 770 City Drive South, Ste. 5710, Orange, CA 92868 —

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[phone]) prominently next to the time keeping system so that employees, if they

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dispute the hours shown on their time cards, can immediately contact Wage Hour to

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report any discrepancies or ask any questions. The information must include a statement
that employee complaints to WHD will be confidential. Defendants shall take no actions
to in any way deter employees from contacting Wage Hour.
16. Defendants shall, at the time of each payment of wages, furnish each employee a
wage statement including the following information: (i) gross wages earned for the pay

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period; (ii) total hours worked by the employee for the pay period, unless that employee

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is exempt from the payment of overtime; (iii) net wages earned for the time pay period;

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(iv) dates of the pay period for which the employee is being paid; (v) the name of the
employee and last four digits of social security number; (vi) name and address of the
employer; (vii) all applicable hourly rates in effect during the pay period and the

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corresponding number of hours worked at each hourly rate by the employee. Defendants

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shall comply with all federal and state recordkeeping requirements to the extent that

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those requirements impose greater duties than those outlined in this subsection.
Defendants shall have each employee review his or her wage statement and write in
corrections if necessary. Defendants shall maintain copies of all wage statements for

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CONSENT JUDGMENT

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inspection by the Department of Labor at any time and by any worker at any time
without prior request.

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17. Defendants shall not, contrary to Section 15(a)(3) of the FLSA, 29 U.S.C.

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215(a)(3), take any action to deter employees from asserting their rights under the FLSA

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or interfere with any Department of Labor investigation of wage or other violations. This
means that Defendants shall not coerce, intimidate, threaten, discipline, or terminate any
employees whom they believe have reported complaints or provided information to the
Department of Labor, or attempt to deter complaints made, or communications to, the
Department of Labor. Defendants also shall not instruct or ask their employees to

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provide false information to the Department of Labor concerning the terms and

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conditions of their employment, including but not limited to hours or days worked.

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18. Defendants shall, on a monthly basis for three (3) years after the date of entry of
this Consent Judgment and Order, file a signed statement affirming that, in the prior
month, Defendants reviewed their employees' time and pay records, and complied with

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the minimum wage, overtime, recordkeeping, and anti-retaliation provisions of the

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FLSA, 29 U.S.C. §§ 206, 207, 211(c), and 215(a)(3). Defendants shall file the signed

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statement within 30 (thirty) calendar days of the date of entry of the Consent Judgment
and Order, and every 30 days thereafter for three years. The signed statement shall
include the contact information for all current employees, including home address and
telephone number. The signed statement must be filed via mail to: Wage and Hour

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Division, United States Department of Labor, Attn: Assistant District Director Tony
Pham, 770 City Drive South, Ste. 5710, Orange, CA 92868; and/or email to

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[e-mail].
19. Within 30 (thirty) calendar days of the date of entry of this Consent

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Judgment and Order, Defendants shall provide each of their current employees with a
copy of the Notice of Rights, as set forth in the attached Exhibit A, which summarizes in
English and Spanish the terms of this Consent Judgment and Order and provides
guidance from the U.S. Department of Labor regarding employees' rights under the
FLSA.

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20. Within 30 (thirty) calendar days of the date of entry of this Consent

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Judgment and Order, Defendants shall take the following steps to help ensure that all of

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Defendants' employees are aware of their rights under the FLSA:
a. Defendants shall post Exhibit A, in prominent locations at Defendants'
current facilities (for example, near the facility's front door or near the time

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clock);
b. Defendants shall provide a copy of Exhibit A with the first paycheck for the

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first pay period following entry of this Consent Judgment and Order to all
current employees; and

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CONSENT JUDGMENT

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c. Defendants shall provide a copy of Exhibit A to all newly hired employees
on or before the date when the employee begins performing work for

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Defendants.
21. Within ten (10) calendar days of the date that Defendants sign this Consent

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Judgment and Order, Defendants shall display up-to-date U.S. Department of Laborapproved posters regarding the minimum wage and overtime provisions of the FLSA in
a prominent location at Defendants' work site (for example, near the facility's front door
or time clock). Copies of these posters are available for download and printing at:
http://www.dol.gov/whd/regs/compliance/posters/flsa.htm.

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22. Defendants shall, within ten (10) days of the date that Defendants sign this

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Consent Judgment and Order, hold a meeting with all employees of Mission Grill, at a

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date and time agreeable to the Wage Hour, and when Wage Hour will be present. At the
all-employee meeting, Defendants Gillotti and Farias (with the assistance of Wage Hour)
will tell all employees regarding their rights to be paid overtime wages as required by

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the FLSA for hours worked over forty in a workweek and that all employees will receive

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time and a half for all hours worked over forty in a workweek. They will also tell all

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employees that they have the right to talk to Wage Hour, including if they believe they
are not being paid properly, and that Defendants will take no action to deter them or
retaliate if they do so. They will also tell all employees that they will keep proper time

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CONSENT JUDGMENT

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records of hours worked, and explain any new policies, consistent with this Consent
Judgment, to employees.

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III.

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MONIES DUE

23. IT IS FURTHER ORDERED that Defendants shall not withhold payment of

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$22,700.00, which represents the total amount due in unpaid overtime to Defendants'
employees in Exhibit B, for Defendants' FLSA violations from July 20, 2013 to
September 23, 2015.
24. Defendants and their agents, family members, attorneys, supervisors, managers,
co-employers, employees, successors-in-interest, officers, owners, agents, or directors,

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and all those in active concert or participation with Defendants or acting on their behalf

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or at their direction, shall not:

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a. Request, solicit, suggest, or coerce, directly or indirectly, any employee to
return or to offer to return to Defendants or to someone else for Defendants, any
monies in the form of cash, check, or any other form, for wages previously due or

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to become due in the future to employees under the provisions of this Consent

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Judgment and Oder or the FLSA;

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b. Accept, or receive from any employee, either directly or indirectly, any monies in
the form of cash, check, or any other form, for wages paid to employees under the
provisions of this Consent Judgment and Order or the FLSA; or

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CONSENT JUDGMENT

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c. Discharge or in any other manner discriminate, solicit or encourage anyone else to
discriminate, against any employee because he or she has received or retained

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monies due to him or her from Defendants under the provisions of this Consent

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Judgment and Order or the FLSA.

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25. FURTHER, JUDGMENT IS HEREBY ENTERED, under Section 16(c) of the
FLSA, in favor of the Secretary as a judgment owed to the United States of America and
against Defendants, jointly and severally, in the total amount of $45,400.00, which
includes the $22,700.00 in unpaid overtime compensation referenced above to the
present and former Mission Grill employees who are identified in Exhibit B, plus an

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additional equal amount of $22,700.00 as statutorily authorized liquidated damages

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("Liquidated Damages").

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IV.

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PAYMENT

26. Defendants shall accomplish the monetary payments due under this Consent
Judgment and Order, at paragraphs 23-25, as follows:

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a. Within ten (10) days of the Court’s approval of this Consent Judgment, Defendants

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shall deliver to the Wage and Hour Division, United States Department of Labor,

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Attn: Assistant District Director Tony Pham, 770 City Drive South, Ste. 5710,
Orange, CA 92868, or [e-mail], a schedule containing: (1) the employer's
name, employer identification number(s), employer addresses and telephone
numbers, and (2) for each employee listed in the attached Exhibit B, if known, the

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employee's last known home address, email address, Social Security number, home
telephone number, and mobile telephone number.

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b. Within ten (10) days of the Court’s approval of this Consent Judgment,

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Defendants shall deliver to the Secretary two checks, both payable to the order of the

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“Wage & Hour Div., Labor.” The first check is for full payment of the liquidated
damages, shall be for $22,700.00, and shall have the words “MG-LDs” written
thereon. The second check shall be for $2,300 and shall have the words “MG-BWs”
written thereon, representing the first payment toward back wages. All checks must
be sent by U.S. Mail or hand delivered to:

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Attn: ADD Tony Pham
U.S. Department of Labor
Wage Hour Division,
770 The City Drive South, Ste. 5710
Orange, CA 92868
c. Beginning on June 1, 2017 and continuing thereafter each month (on the first of
the month) for 24 consecutive months, Defendants shall make the remaining

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payments toward back wages owed under this Order, by delivering a monthly check

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in the amount of $850.00 plus applicable interest as set forth in the attached Exhibit

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“C” and made payable to the order of the “Wage & Hour Div., Labor” with the words
“MG-BWs” written thereon and delivering it to the address above. These payments
are subject to an interest rate of 1.36 compounded annually pursuant to 28 U.S.C. §

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1961. Defendants shall refer to the attached Exhibit C for the amounts and due dates
of each of the 24 monthly payments.

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d. Defendants shall make the monthly payments described above until the balance

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owed under this Order is paid in full. The payment is deemed to be made on (i) the

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date the payment is post-marked, if mailed; or (ii) the date of receipt, if the payment
is made by personal delivery or private carrier.
27. The Secretary shall distribute the payments described above at his own discretion
to the employees identified in the attached Exhibit B, or if necessary to the employees'
estates. The Secretary shall make the required legal deductions for the employee's

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portion of Social Security and federal income tax withholding, and remit these amounts

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to the appropriate government agencies. Any monies not distributed to employees within

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three (3) years from the date of the Secretary's receipt of a payment, because of an
inability to locate the proper persons or because of their refusal to accept it, the Secretary
shall deposit the payment into the Treasury of the United States as miscellaneous

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receipts under 29 U.S.C. § 216(c).
28. Defendants shall not attempt to transfer, sale, give, or otherwise liquidate any

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personal or business assets or businesses without first providing ten (10) days written
notice to the Secretary, by sending an email addressed to [e-mail].
Further, the Secretary agrees that in the event that Mission Grill is required to
temporarily close its business operations as a result of any building renovations that may

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be done to the building in which Mission Grill’s business resides, that so long as
building renovations were neither requested nor required by Mission Grill nor the other

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Defendants; but, were instead the result of decisions made outside and beyond the

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control of the Defendants and each of them, that during the period of such temporary

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closure, the Defendants and each of them shall be entitled to refrain from making the
monthly payments required under Paragraph 26 of this Consent Judgment until such
time as such renovations are completed and Mission Grill is permitted to reopen its
business to the public (hereafter the “Payment Suspension Period”). In the event of such
a Payment Suspension Period, the 24 month term of repayment referenced in Paragraph

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26 (a) of this Consent Judgment shall be automatically extended for the amount of time

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equal to the Payment Suspension Period. At the end of such Payment Suspension Period,

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Defendants shall be obligated to resume the monthly payments required under Paragraph
26 (a) within twenty-one days of the completion of the Payment Suspension Period and
shall make such monthly payments until all amounts required to be paid by Defendants

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under Paragraph 26 (a) of the Consent Judgment are paid in full. Defendants shall be

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obligated to inform the Secretary in writing of the commencement of a Payment

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Suspension Period within 10 days of the commencement of a Payment Suspension
Period and shall notify the Secretary in writing within 10 days of the completion of any
such Payment Suspension Period.

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29. IT IS FURTHER ORDERED that each party shall bear its own fees and
expenses (including court costs) incurred by the party in connection with any stage of

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this proceeding to date, including but not limited to attorneys' fees, which may be

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available under the Equal Access to Justice Act, as amended.

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30. IT IS FURTHER ORDERED that the parties to the Complaint and all those
receiving notice thereof, including but not limited to managers, co-employers,
employees, successors-in-interest, officers, owners, agents, or directors, and all those in
active concert or participation with Defendants or acting on their behalf or at their
direction, shall comply with the terms of this Consent Judgment and Order.

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31. IT IS FURTHER ORDERED that the filing, pursuit, and/or resolution of this

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proceeding with the entry of this Judgment shall not act as or be asserted as a bar to any

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action under FLSA§ 16(b), 29 U.S.C. § 216(b), as to any employee not named on the
attached Exhibit B nor as to any employee named on the attached Exhibit B for any
period not specified therein.

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32. IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this

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action for purposes of enforcing compliance with the terms of this Consent Judgment

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and Order.

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APPROVED AND SO ORDERED:

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April 10, 2017

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_____________________________________________________

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US DISTRICT JUDGE ANDREW J. GUILFORD

CONSENT JUDGMENT

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EXHIBIT A

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LEGAL NOTICE TO ALL EMPLOYEES

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The U.S. Department of Labor conducted an investigation of SJCMG, Inc., dba

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Mission Grill (“Mission Grill”) and has determined that Mission Grill, Mr. John Gillotti,

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and Mr. Juan Farias failed to pay you properly under the Fair Labor Standards Act

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(“FLSA”), made unlawful deductions from your paycheck, and failed to keep proper

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records of your employment. Mission Grill, Mr. Gillotti and Mr. Farias have voluntarily
agreed to pay back wages and liquidated damages owed to you, and to take other steps to
ensure that all employees are paid properly under the FLSA.
The FLSA requires that all employees must be paid minimum wage for all hours
worked, including workers who were or may be currently paid on a piece rate basis, as
well as overtime wages of time and a half for hours worked over 40 in a workweek. The

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FLSA also provides that all employees are protected from retaliation or discrimination.

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This means that no one from Mission Grill, including Mr. Gillotti and Mr. Farias, can

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terminate you, threaten to terminate you, reduce your work or your pay, tell you to

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provide false information to the Department of Labor, or in any way retaliate or

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discriminate against you because you have spoken to anyone at the Department of Labor,

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testified in this case, or in any way asserted your rights under the FLSA.

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The Department of Labor reminds you that you may contact us if you have

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questions about your employment situation or rights to lawful wages and to be free

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from retaliation. If you think you are not being paid in accordance with the law or

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you are being retaliated against, you can call the U.S. Department of Labor, Wage

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and Hour Division, at 1-866-4-USWAGE (1-866-487-9243), and we will keep your
name confidential. The Department also reminds you that you have rights under
California state law. You may contact the CA Division of Labor Standards
Enforcement at [phone] with questions about those rights.

CONSENT JUDGMENT

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DOCUMENTO A

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AVISO LEGAL A TODOS LOS EMPLEADOS

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El Departamento de Trabajo de Estados Unidos llevó a cabo una investigación de

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SJCMG, Inc., ("Mission Grill") y ha determinado que Mission Grill, el Sr. John Gillotti,

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y el Sr. Juan Farias no pagaron correctamente bajo la Ley de Normas Razonables de

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Trabajo ("FLSA"), hicieron deducciones ilegales de su sueldo, y no mantuvieron

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registros adecuados de su empleo. Mission Grill, Sr. Gillotti, y Sr. Farias han

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voluntariamente accedido a pagar los salarios y daños de liquidación debidos y a tomar

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otras medidas para asegurar que todos los empleados son pagados de acuerdo a la FLSA.

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La FLSA requiere que todos los empleados deben ser pagados salario mínimo por

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todas las horas trabajadas, incluidos los trabajadores que fueron o pueden ser pagados en

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base de tarifa por pieza. También requiere que horas extras (más de 40 en una semana)

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sean pagadas a 1.5 veces más del pago regular por hora. La FLSA también proporciona

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que todos los empleados están protegidos contra represalias. Esto significa que nadie de

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Mission Grill, incluyendo el Sr. Gillotti y el Sr. Farias, pueden despedirlos, amenazar

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con el despido, reducir sus horas de trabajo o su salario, decirle que proporcione

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información falsa al Departamento de Trabajo, o de cualquier manera tomar represalias

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contra usted porque usted hablo con el Departamento de Trabajo o de cualquier manera

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afirmo sus derechos bajo la FLSA.

20

El Departamento de Trabajo le recuerda que puede comunicarse con

21

nosotros si tiene preguntas acerca de su situación laboral o sus derechos a un

22

salario legal y a estar libres de represalias. Si cree que no le están pagando en

23

conformidad con la ley o que están tomando represalias en contra suya, puede

24

llamar al Departamento de Trabajo de Estados Unidos, División de Horas y

25

Salarios, al 1-866-4-USWAGE (1-866-487-9243) y su nombre se mantendrá

26

confidencial. El Departamento también le recuerda que tiene derechos laborales

27

bajo la ley estatal de California y que puede llamar a la División de Estándares

28

Laborales de California, al [phone] con preguntas acerca de esos derechos.

CONSENT JUDGMENT

Page 17 of 21

1

EXHIBIT B

2
3
4

Employee

Start

End

Total Back Total

Total

Name

Date

Date

Wages

Liquidated

Interest

Damages

Due2

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Amador,

3/11/15

Total Due

6/3/15

$502.47

$502.47

$9.23

$1,014.17

3/11/15 5/20/15

$439.88

$439.88

$8.08

$887.84

8/14/13 9/24/14

$ 1,232.33

$1,232.33

$22.63

$2,487.29

9/23/15

$949.87

$949.87

$17.44

$1,917.18

8/14/13 8/28/13

$139.65

$139.65

$2.56

$281.86

3/11/15 3/25/15

$124.88

$124.88

$2.29

$252.05

7/30/14 9/24/14

$312.22

$312.22

$5.73

$630.17

8/14/13 3/26/14

$416.30

$416.30

$7.65

$840.25

8/14/13 9/23/15

$2,123.11

$2,123.11

$38.99

$4,285.21

8/14/13 9/23/15

$2,032.91

$2,032.91

$37.33

$4,103.15

Chelsey
Berrun,
Isaac
Brunette,
Michael
Cardenas,

7/2/14

Sergio
Colon,
Celeste
DosSantos,
Jorge
Espinoza,
Joseph
Gonzalez,
Johnathan
Guiterrez,
Rigoberto
Gula,
Molly
2

This is to account for the twenty-four month installment agreement.

CONSENT JUDGMENT

Page 18 of 21

1

Huertas,

2

Cynthia

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

Hughes,

8/26/15 9/23/15

$187.33

$187.33

$3.44

$378.10

8/12/15 9/23/15

$249.78

$249.78

$4.59

$504.15

8/14/13 9/25/13

$222.02

$222.02

$4.08

$448.12

8/14/13 9/23/15

$2,182.76

$2,182.76

$40.10

$4,405.62

8/14/13

5/6/15

$1,665.19

$1,665.19

$30.58

$3,360.96

8/14/13 7/29/15

$1,997.91

$1,997.91

$36.69

$4,032.51

8/14/13 6/18/14

$679.95

$679.95

$12.49

$1,372.39

5/20/15 9/23/15

$721.58

$721.58

$13.25

$1,456.41

5/6/15

$319.61

$319.61

$5.87

$645.09

8/14/13 9/25/13

$277.53

$277.53

$5.10

$560.16

8/14/13 9/24/14

$1,141.35

$1,141.35

$20.96

$2,303.66

3/12/14 9/23/15

$1,977.41

$1,977.41

$36.31

$3,991.13

8/14/13 9/24/14

$1,235.91

$1,235.91

$22.70

$2,494.52

Amanda
Landes,
Claudia
Luna,
Yesenya
Martinez,
Felipe
Mosqueda,
Ali
Murphy,
Alexander
Ojendez,
Arturo
OlivaresHernandez, 3/25/15
Jose
Ortega,
Jorge
Palafox,
Beatriz
Ramirez,
Anthony
Redinger,
Ian

CONSENT JUDGMENT

Page 19 of 21

1

Sackett,

2

Nichole

3
4
5

7/1/15

8/14/13 8/13/14

$124.89

$124.89

$2.29

$252.07

$1,443.16

$1,443.16

$26.50

$2,912.82

$22,700.00

Stavros,

6/17/15

$22,700.00

$416.88

$45,816.88

Peter
TOTAL

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CONSENT JUDGMENT

Page 20 of 21

EXHIBIT C

1
2
3
4

Payment
No.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Down
Payment
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
TOTAL

Due Date
10 days after
Court’s Approval
of Consent
Judgment
6/1/2017
7/1/2017
8/1/2017
9/1/2017
10/1/2017
11/1/2017
12/1/2017
1/1/2018
2/1/2018
3/1/2018
4/1/2018
5/1/2018
6/1/2018
7/1/2018
8/1/2018
9/1/2018
10/1/2018
11/1/2018
12/1/2018
1/1/2019
2/1/2019
3/1/2019
4/1/2019
5/1/2019

Interest
Due

Amount
Due
$ 22,700.00
$ 2,300.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 850.00
$ 45,400.00

Total
Payment
Due

$0
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 23.15
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 11.58
$ 416.76

$ 25,000.00
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 873.15
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 861.58
$ 45,816.76

Liquidated
Damages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages
Back Wages

26
27
28

CONSENT JUDGMENT

Page 21 of 21