Perez v. Valley Garlic, Inc., et al.

Filing 88

CONSENT JUDGMENT and ORDER as to Defendants X-TREME Ag Labor, Inc. and Isabella Alvarez Camacho, signed by District Judge Anthony W. Ishii on 2/9/18. (Gonzalez, R)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, ) ) ) ) Plaintiff, ) v. ) ) VALLEY GARLIC, INC., dba SEQUOIA ) PACKING CO., a California corporation; ) CHRISTIAN BARRERE MARRIONE, an ) individual; DAVID CLARK ANDERSON, an individual; X-TREME AG LABOR, INC., a ) ) California corporation; ISABELLA ) ALVAREZ CAMACHO, an individual; OFELIA RAMIREZ MORALES, an ) individual; and CESAR NERI, an individual, ) ) Defendants. ) ) ) 24 25 26 27 28 1 Case No. 1:16-CV-01156-AWI-EPG CONSENT JUDGMENT AND ORDER as to DEFENDANTS X-TREME AG LABOR, INC. and ISABELLA ALVAREZ CAMACHO Plaintiff R. Alexander Acosta, United States Secretary of Labor, and Settling Defendants 1 2 X-Treme Ag Labor, Inc. and Isabella Alvarez Camacho (collectively, “Settling Parties”) have 3 agreed to resolve the disputes between them in this civil action and consent to the entry of this 4 Consent Judgment as provided below. This Consent Judgment does not resolve the ongoing 5 litigation in this case between the Secretary and Defendants Valley Garlic, Inc. dba Sequoia 6 Packing Co., Christian B. Marrione and David C. Anderson. 7 I. 8 9 10 STATEMENT BY THE PARTIES: A. On August 5, 2016, the Secretary filed a complaint alleging that all Defendants violated the Fair Labor Standards Act of 1938 (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). See Dkt. 1. 11 B. The Settling Parties waive Findings of Fact and Conclusions of Law. 12 C. X-Treme Ag and Camacho admit that the Court has jurisdiction over the parties 13 and subject matter of this civil action and that venue lies in the United States District Court for 14 the Eastern District of California. 15 D. X-Treme Ag and Camacho acknowledge that they and any individual, agent, or 16 entity acting on their behalf or at their direction have notice of, and understand, the provisions of 17 this Consent Judgment. 18 E. The Settling Parties agree to resolve all allegations and liability between them 19 related to the events specified in the Secretary’s Complaint. This Consent Judgment only 20 resolves the liability of X-Treme Ag and Camacho and does not resolve any potential liability of 21 other employers. 22 F. 23 24 25 26 27 X-Treme Ag and Camacho agree to the entry of this Consent Judgment without contest. G. X-Treme Ag and Camacho admit they violated the following provisions of MSPA and its implementing regulations: 1. MSPA § 401(b)(1)(A)-(B), 29 U.S.C. §§ 1842(b)(1)(A)-(B) and 29 C.F.R. §§ 500.100(a) and 500.104 by using or causing to be used vehicles for the 28 2 1 transportation of migrant and seasonal agricultural workers while failing to: 2 (a) Ensure that each driver providing transportation to migrant and 3 seasonal agricultural workers had a valid and appropriate driver’s 4 license; and 5 (b) Ensure that motor vehicles used to transport migrant or seasonal 6 agricultural workers conformed to MSPA’s vehicle safety standards; 7 2. MSPA §§ 202(a) and 302(a), 29 U.S.C. §§ 1822(a) and 1832(a), and 29 C.F.R. 8 § 500.81, by failing to pay, when due, all wages owed to migrant and seasonal 9 agricultural workers whom they employed, specifically: 10 (a) By failing to pay their migrant and seasonal agricultural worker- 11 drivers for compensable time they spent driving other employees to 12 and from Valley Garlic worksites; 13 14 15 16 17 (b) By failing to pay migrant and seasonal agricultural workers for time spent attending required safety meetings; (c) By failing to pay employees paid by the piece the promised hourly rate when their piece rate earnings fell below the promised rate; and (d) Acting through the crew leaders, requiring their migrant and seasonal 18 agricultural workers to kick back part of their daily wages for 19 transportation to and from the worksite, in violation of MSPA §§ 20 202(b) and 302(b), 29 U.S.C. §§ 1822(b) and 1832(b); 21 3. MSPA §§ 201(d)(1) and 301(c)(1), 29 U.S.C. §§ 1821(d)(1) and 1831(c)(1), 22 and 29 C.F.R. § 500.80 by failing, with respect to each migrant and seasonal 23 agricultural worker employed, to make, keep and preserve records of the 24 worker’s payroll, address and social security information; 25 4. MSPA §§ 201(a) and (g), 29 U.S.C. §§ 1821(a) and (g) and 29 C.F.R. §§ 26 500.60(b), .75(b) and .78 by failing to disclose to each migrant agricultural 27 worker, in writing in a language common to the worker, at the time of 28 3 recruitment, the terms and conditions of employment; 1 2 5. MSPA §§ 201(e) and 301(d), 29 U.S.C. §§ 1821(e) and 1831(d), and 29 C.F.R. 3 § 500.60(a) by failing to provide to Defendant Valley Garlic, copies of the 4 payroll records required to be retained under MSPA §§ 201(d) and 301(c), 29 5 U.S.C. §§ 1821(d) and 1831(c). 6. MSPA § 101(a), 29 U.S.C. § 1811(a), and 29 C.F.R. §§ 500.40 and 500.41 by 6 7 providing, or causing to be provided, transportation to migrant and seasonal 8 agricultural workers without a valid Certificate of Registration from the 9 Secretary authorizing transportation services; and 7. MSPA §101(b), 29 U.S.C. § 1811(b), by hiring, using, and employing crew 10 11 leaders to perform FLC activities, including recruiting, soliciting, hiring, and 12 transporting migrant and seasonal agricultural workers, without an FLC or 13 FLC employee Certificate of Registration from the Secretary authorizing 14 those FLC activities. 15 16 17 H. X-Treme Ag and Camacho admit they violated the following provisions of the FLSA: 1. The FLSA’s minimum wage provisions, 29 U.S.C. §§ 206 and 215(a)(2), 18 when they failed to pay their migrant and seasonal agricultural worker-drivers 19 for compensable time they spent driving other employees to and from Valley 20 Garlic worksites; failed to pay migrant and seasonal agricultural workers for 21 time spent attending required safety meetings; and failed to pay their 22 employees’ wages “free and clear” when their migrant and seasonal 23 agricultural workers had to kick back part of their daily wages for 24 transportation to and from the worksite; and 25 2. The FLSA’s recordkeeping provisions, 29 U.S.C. §§ 211 and 215(a)(5), and 26 29 C.F.R. § 516.2, when they failed to, among other things to: keep records of 27 all employees; record daily hours worked by all employees; record the 28 4 1 compensable time employees spent driving other employees to and from 2 Valley Garlic worksites; record the time migrant and seasonal agricultural 3 workers spent attending required safety meetings; and record the deductions 4 of taken from employees’ pay for daily transport. 5 6 I. X-Treme Ag and Camacho also admit the following facts: 1. Defendant Camacho operated Defendant X-Treme Ag. Jose (also known as 7 Joe) Zepeda was a Field Supervisor for X-Treme Ag for as long as the 8 company was operating. Samuel (also known as Sam) Chavez was the H R 9 Director/Safety Coordinator for X-Treme Ag for as long as the company was 10 operating. As part of their daily duties, Zepeda and Chavez worked in Valley 11 Garlic’s and other growers’ fields. On behalf of X-Treme Ag, Camacho and 12 Zepeda entered into contract for Farm Labor Services with Valley Garlic. On 13 behalf of X-Treme Ag, Chavez conducted safety meetings for workers 14 employed by at Valley Garlic field locations. 15 2. From about May 28, 2014 to about November 30, 2015, X-Treme Ag 16 provided Farm Labor Contractor Services to Defendant Valley Garlic, Inc. 17 During this period, X-Treme Ag received direction from Valley Garlic 18 regarding when and where X-Treme Ag employees worked and what work X- 19 Treme Ag employees performed. Settling Defendants paid their employees 20 for the work they performed for Valley Garlic based on Valley Garlic’s 21 contract for Farm Labor Services. Specifically, Valley Garlic set Settling 22 Defendants’ rates of pay, the manner employees were paid by Settling 23 Defendants (such as daily rates, hourly rates, or piece-rate), and rates and 24 manner of pay for Settling Defendants’ specific job positions (such as 25 foremen or general laborer) through Valley Garlic’s contacts. 26 27 3. X-Treme Ag and Camacho committed the violations identified in ¶¶ G and H above in connection with their work as a Farm Labor Contractor for 28 5 1 Defendant Valley Garlic. 2 3 J. X-Treme Ag and Camacho agree to pay the Secretary of Labor a total amount of $46,000. In connection with this payment, the Settling Parties agree to the following: 4 1. Within three days of the date of this Order, X-Treme Ag and Camacho will 5 withdraw their notice of contest and hearing request for the civil money 6 penalties assessed for the disclosed violations under MSPA in Case File No. 7 1763990. Based on the Parties’ settlement, the Secretary will then assess civil 8 money penalties at $41,098.41 for their MSPA violations, and X-Treme Ag 9 and Camacho agree that this amount will constitute their debts and liabilities 10 for civil money penalties. 11 2. X-Treme Ag and Camacho agree that their debts and liabilities for back wages 12 due under MSPA and the FLSA are $3,779.03 and their debts and liabilities 13 for liquidated damages are $1,122.56 under the FLSA, to the employees 14 named in the attached Exhibit A as a result of their employment by Settling 15 Defendants performing work for Defendant Valley Garlic, in the amounts set 16 forth therein. 17 3. Within seven days of the date X-Treme Ag and Camacho make the above- 18 referenced payment, the Parties will file a stipulated dismissal with prejudice 19 of the Secretary’s adversarial complaint in Acosta v. Camacho, Case No. 17- 20 01084-A (Bankr. E.D. Cal.). 21 K. This Consent Judgment is directed only to Settling Defendants X-treme Ag and 22 Camacho. The Secretary contends that Defendants Valley Garlic, Christian B. Marrione, and 23 David C. Anderson remain jointly and severally liable for all back wages and liquidated damages 24 found due to any employee. 25 II. 26 27 JUDGMENT Therefore, upon motion of the attorneys for the Secretary, and for cause shown, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 17 of the 28 6 1 FLSA, 29 U.S.C. § 217, and Section 502 of MSPA, 29 U.S.C. § 1852, X-Treme Ag and 2 Camacho, their officers, agents, servants, employees, successors and all persons in active concert 3 or participation with them are permanently enjoined and restrained from operating as a Farm 4 Labor Contractor, working as a Farm Labor Contractor Employee, or provide Farm Labor 5 Contractor services pursuant to federal, state, or any other applicable law. Within three days of 6 the date of this Order, X-Treme Ag and Camacho shall withdraw any pending application made 7 on their behalf for any certificate or license specifically required to operate as a Farm Labor 8 Contractor or work as a Farm Labor Contractor Employee, such as a Farm Labor Contractor or 9 Farm Labor Contractor Employee Certificate of Registration. 10 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that X-Treme Ag and 11 Camacho, their officers, agents, servants, employees, successors and all persons in active concert 12 or participation with them are permanently enjoined and restrained from violating MSPA and the 13 FLSA in any of the following manners: 14 1. X-Treme Ag and Camacho shall not, contrary to MSPA § 101(a), 29 U.S.C. 15 § 1811(a), and 29 C.F.R. §§ 500.40 and 500.41 provide, or cause to be provided, transportation 16 to migrant or seasonal agricultural workers without possessing a valid Certificate of Registration 17 from the Secretary authorizing transportation services; 18 2. X-Treme Ag and Camacho shall not, contrary to MSPA § 401(b)(1)(A)-(B), 29 19 U.S.C. §§ 1841(b)(1)(A)-(B), use or cause to be used vehicles for the transportation of migrant 20 or seasonal agricultural workers while failing to (a) ensure that each driver providing 21 transportation to migrant or seasonal agricultural workers has a valid and appropriate driver’s 22 license; or (b) ensure that motor vehicles used to transport migrant or seasonal agricultural 23 workers conforms to MSPA’s vehicle safety standards; 24 3. X-Treme Ag and Camacho shall not, contrary to MSPA § 101(b), 29 U.S.C. 25 § 1811(b), hire, use or employ any person to perform FLC activities (including recruiting, 26 soliciting, hiring, and transporting migrant and seasonal agricultural workers) who does not 27 possess a valid FLC or FLC employee Certificate of Registration from the Secretary authorizing 28 7 1 2 those FLC activities; 4. X-Treme Ag and Camacho shall not, contrary to MSPA §§ 202(a) and 302(a), 29 3 U.S.C. §§ 1822(a) and 1832(a), fail to pay, when due, all wages owed to migrant and seasonal 4 agricultural workers whom they employ; 5 5. X-Treme Ag and Camacho shall not, contrary to MSPA §§ 201(d)(1) and 6 301(c)(1), 29 U.S.C. §§ 1821(d)(1) and 1831(c)(1), and 29 C.F.R. § 500.80 fail, with respect to 7 each migrant and seasonal agricultural worker they employ, to make, keep and preserve records 8 of the worker’s payroll, address and social security information; 9 6. X-Treme Ag and Camacho shall not, contrary to MSPA §§ 201(a) and (g), 29 10 U.S.C. §§ 1821(a) and (g) and 29 C.F.R. §§ 500.60(b), .75(b) and .78 fail to disclose to each 11 migrant agricultural worker they recruit, hire or employ, in writing in a language common to the 12 worker, at the time of recruitment, the terms and conditions of employment; 13 7. X-Treme Ag and Camacho shall not, contrary to MSPA §§ 201(e) and 301(d), 29 14 U.S.C. §§ 1821(e) and 1831(d), and 29 C.F.R. § 500.60(a) fail to provide any agricultural 15 employer for which they provide farm labor contracting services, copies of the payroll records 16 required to be retained under MSPA §§ 201(d) and 301(c), 29 U.S.C. §§ 1821(d) and 1831(c); 17 8. X-Treme Ag and Camacho shall not, contrary to Sections 6 and 15(a)(2) of the 18 FLSA, 29 U.S.C. §§ 206 and 215(a)(2), employ any of their employees at rates less than the 19 applicable federal minimum wage in workweeks when said employees are engaged in commerce 20 or in the production of goods for commerce or are employed in an enterprise engaged in 21 commerce or in the production of goods for commerce, within the meaning of the FLSA. 22 9. X-Treme Ag and Camacho shall not fail to make, keep and preserve records of 23 employees and of the wages, hours, and other conditions and practices of employment 24 maintained, as required by Sections 11(c) and 15(a)(5) of the FLSA, 29 U.S.C. §§ 211(c) and 25 215(a)(5), and the implementing regulations found in 29 C.F.R. Part 516, and make such records 26 available to authorized agents of the Secretary for inspection, transcription, and/or copying, upon 27 their demand for such access. 28 8 1 10. X-Treme Ag and Camacho shall not request, solicit, suggest, or coerce, directly, 2 or indirectly, any employee to return or to offer to return to the Defendants or to someone else 3 for the 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 to said employee under the provisions of this 5 judgment, MSPA or the FLSA; nor shall X-Treme Ag and Camacho accept, or receive from any 6 employee, either directly or indirectly, any money in the form of cash, check, or any other form, 7 for wages heretofore or hereafter paid to said employee under the provisions of this consent 8 judgment, MSPA or the FLSA; nor shall X-Treme Ag and Camacho discharge or in any other 9 manner discriminate, nor solicit or encourage anyone else to discriminate, against any such 10 employee because such employee has received or retained money due to him from X-Treme Ag 11 and Camacho under the provisions of this judgment, MSPA or the FLSA. 12 11. X-Treme Ag and Camacho are jointly and severally liable for withholding 13 payment of $3,779.03, which represents the back wages hereby found to be due for the covered 14 periods under MSPA and the FLSA, to the employees named in the attached Exhibit A in the 15 amounts set forth therein. 16 12. IT IS FURTHER ORDERED AND ADJUDGED that X-Treme Ag and 17 Camacho are jointly and severally liable for the aforementioned sum of $3,779.03 in back wages 18 plus the additional sum of $1,122.56 as liquidated damages, to the Secretary pursuant to FLSA 19 Section 16(c), 29 U.S.C. § 216(c), for the covered periods to the employees named in the 20 attached Exhibit A in the amounts set forth therein. 21 13. IT IS FURTHER ORDERED that X-Treme Ag and Camacho are jointly and 22 severally liable to the Secretary in the amount of $41,098.41 for Civil Money Penalties assessed 23 by the U.S. Department of Labor under 29 U.S.C. § 1853 for Settling Defendants’ violations of 24 MPSA and finally determined. 25 26 27 14. JUDGMENT IS HEREBY ENTERED in the amount of $46,000 against X- Treme Ag and Camacho, jointly and severally, and in favor of the Plaintiff, Secretary of Labor. 15. Within 15 days of the entry of this Consent Judgment, Settling Defendants shall 28 9 1 deliver to Assistant District Director Nora Pedraza, Wage and Hour Division, United States 2 Department of Labor, 395 W. Spruce Ave., Suite 102, Clovis, CA 93611, a list containing the 3 last known home address, social security number, email address, and telephone number (if 4 known) for each person named in the attached Exhibit A, if known. 5 16. Within 30 days of the entry of this Consent Judgment, Settling Defendants shall 6 deliver to Assistant District Director Nora Pedraza, Wage and Hour Division, United States 7 Department of Labor, 395 W. Spruce Ave., Suite 102, Clovis, CA 93611, a certified or cashier’s 8 check for $41,098.41 payable to “Wage & Hour Div., Labor” with “X-Treme Ag / Camacho 9 CMPs” on the memo line; and a separate certified or cashier’s check for $4,901.59 payable to 10 “Wage & Hour Div., Labor” with “X-Treme Ag / Camacho back wages and liquidated damages” 11 on the memo line. 12 17. The Secretary shall allocate and distribute the back wages and liquidated damages 13 to the persons named in the attached Exhibit A, or to their estates if necessary, in his sole 14 discretion. The Secretary shall make the required legal deductions for the employee’s portion of 15 Social Security and federal income tax withholding, and remit these amounts to the appropriate 16 government agencies. Any money not so paid within a period of three years from the date of its 17 receipt, because of an inability to locate the proper persons or because of their refusal to accept 18 it, shall be then deposited in the Treasury of the United States, as miscellaneous receipts, 19 pursuant to 29 U.S.C. § 216(c). 20 18. The filing, pursuit, and/or resolution of this proceeding with the filing of this 21 Consent Judgment shall not act as or be asserted as a bar to any action under Section 16(b) of the 22 FLSA, 29 U.S.C. § 216(b), as to any employee not named on the attached Exhibit A, nor as to 23 any employee named on Exhibit A for any period not specified therein, nor as to any employer 24 other than Settling Defendants X-treme Ag or Camacho. 25 19. Each party shall bear all fees and other expenses (including court costs) and 26 attorneys’ fees that might be available under the Equal Access to Justice Act incurred by such 27 party in connection with any stage of this proceeding to date. 28 10 1 2 3 4 20. Nothing in this Consent Judgment and Order is binding on any government agency other than the United States Department of Labor, Wage and Hour Division. 21. This Court shall retain jurisdiction of this action for purposes of enforcing compliance with the terms of the Consent Decree. 5 6 7 8 IT IS SO ORDERED. Dated: February 9, 2018 SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 1 2 3 Name 4 5 1. Africa, Jesus 6 2. Ahuejote, Javier 7 3. Angeles, Jorge C 8 4. Angeles, Juan 9 10 5. Antonio, Juana 6. Arguello, Brandy 11 12 7. Avila, Celia 13 8. Ayala, Jose Jesus 14 9. Ayala, Maria 15 10. Banos, Caritina 16 17 11. Barranca, David 18 12. Barranco, Gregoria 19 13. Barron, Aida 20 14. Barron, Eufemia 21 15. Beltran, Krystal 22 23 16. Berdejo, Antonia 24 17. Brown, Cornell 25 18. Calis, Julio 26 19. Carrasco, Cipriano EXHIBIT A Period Covered by Act(s) Work Week Ending Dates 06/27/2015 MSPA to 07/04/2015 06/27/2015 MSPA to 07/04/2015 06/27/2015 MSPA to 07/04/2015 06/27/2015 MSPA to 07/04/2015 06/20/2015 MSPA to 07/04/2015 06/27/2015 MSPA to 07/04/2015 06/20/2015 MSPA to 06/27/2015 06/27/2015 MSPA to 07/04/2015 6/20/2015 to FLSA 06/27/2015 MSPA 06/27/2015 FLSA to 07/04/2015 MSPA 06/27/2015 MSPA to 07/04/2015 06/27/2015 MSPA to 07/04/2015 06/27/2015 MSPA to 07/04/2015 06/27/2015 MSPA to 07/04/2015 05/30/2015 MSPA to 06/06/2015 05/30/2015 MSPA to 06/13/2015 06/20/2015 MSPA to 06/27/2015 06/27/2015 MSPA to 07/04/2015 06/27/2015 MSPA to 07/04/2015 27 28 12 BWs Due LDs Due $10.00 $10.00 $11.88 $11.88 $37.68 $37.68 $2.97 $2.97 $36.34 $36.34 $2.97 $2.97 $5.94 $5.94 $2.97 $2.97 $32.31 $32.31 $10.44 $16.20 $11.31 $16.20 $2.97 $2.97 $5.94 $14.03 $8.58 $16.00 $20.00 $5.94 $5.94 Total Due $75.06 $43.71 $2.97 $2.97 $5.94 $14.03 $8.58 $16.00 $20.00 $5.94 $5.94 1 2 Name 5 21. Carrasco, Gonzalo 6 22. Carrasco, Jorge 7 23. Carrasco, Norma 8 9 24. Carrasco, Odalinda 25. Carrasco, Soledad 10 11 12 26. Castaneda, Dawin 27. Castillo, Rosa 13 28. Castr Leon, Francisco 14 15 16 29. Castro, Andres 30. Castro, Juan 17 18 31. Castro, Prisco 19 32. Castro, Rosalino 20 33. Castro, Vicenta 21 34. Castro Leon, Francisco 22 35. Ceja, Maricela 23 36. Cejia, Jose 24 25 37. Chavez, Juan M. 26 38. Chavez, Victor 27 39. Cirilo, Alberto 28 06/20/2015 to 06/27/2015 6/20/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/27/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/27/2015 to 06/27/2015 06/27/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 13 BWs Due MSPA $11.88 MSPA $5.94 MSPA $5.94 MSPA $11.88 MSPA $5.94 MSPA $5.94 MSPA $2.97 FLSA $5.88 MSPA $2.97 FLSA $10.93 $10.44 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $20.00 MSPA $10.00 MSPA $10.00 MSPA $2.97 MSPA $2.97 LDs Due Total Due $9.56 MSPA 20. Carrasco, Exzai Act(s) MSPA 3 4 Period Covered by Work Week Ending Dates 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 6/27/2015 to 07/04/2015 $11.88 $5.94 $5.94 $11.88 $5.94 $5.94 $2.97 $5.88 $21.32 $2.97 $10.93 $32.30 $2.97 $2.97 $2.97 $2.97 $2.97 $20.00 $10.00 $10.00 $2.97 $2.97 1 2 Name 5 40. Cirilo, Amador 41. Cirilo, Andres 6 42. Cirilo, Armando 7 8 9 43. Cirilo, Paul 44. Colon, Hector 10 45. Cortez, Jose 11 46. Cortez, Omar 12 47. Cruz, Alejandro 13 48. Cruz, Fidel 14 15 49. Cruz, Juan 16 50. Cuahutenango, Javier 17 51. Cuahutenango, Roman 18 52. Damian, Alfonso 19 53. Damian, Renato 20 54. De La Cruz, Fermin 21 22 55. Del Rocio, Maria 23 56. Dimas, Maria 24 57. Espinoza, Angelo 25 58. Flores, Victorina 26 59. Franco, Enrique 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 05/30/2015 to 06/06/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/20/2015 27 28 14 Act(s) BWs Due MSPA $11.88 FLSA $11.93 MSPA 3 4 Period Covered by Work Week Ending Dates 06/27/2015 to 07/04/2015 5/30/2015 to 07/04/2015 $4.55 MSPA $2.97 MSPA $8.91 MSPA $40.00 MSPA $40.00 MSPA $5.94 MSPA $2.97 MSPA $14.85 MSPA $4.55 MSPA $16.81 MSPA $8.91 MSPA $11.88 MSPA $11.88 MSPA $2.97 MSPA $2.97 MSPA $40.00 MSPA $2.97 MSPA $115.50 Total Due $22.32 MSPA LDs Due $11.88 $11.93 $46.18 $4.55 $2.97 $8.91 $40.00 $40.00 $5.94 $2.97 $14.85 $4.55 $16.81 $8.91 $11.88 $11.88 $2.97 $2.97 $40.00 $2.97 $115.50 1 2 Name 6 62. Garcia, Basilides 7 63. Garcida Leon, Brigida 8 9 64. Gatica, Benito 10 65. Gatica, Gildardo 11 66. Gatica, Gustavo 12 67. Gomez, Marcelina 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/06/2015 to 06/13/2015 6/20/2015 to 07/04/2015 13 14 15 16 17 18 19 68. Gomez, Silvia 69. Gonzaga, Miguel 70. Gonzales- Ambriz, Jose 71. Gonzalez, Amador Alaniz 72. Gonzalez, Aurelio A. 20 21 22 23 73. Gonzalez, Delfino 74. Gonzalez Manriquez, Felipe 75. Gonzalez Vasquez, Daniel 24 25 76. Gracida, Andres 26 77. Gracida, Rogelio 27 78. Guzman, Aberardo 28 06/06/2015 to 06/13/2015 06/27/2015 to 07/04/2015 06/20/2015 to 07/04/2015 6/20/2015 to 07/04/2015 06/20/2015 to 07/04/2015 06/27/2015 to 07/04/2015 6/13/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/13/2015 to 06/20/2015 15 $11.88 MSPA $5.94 MSPA $11.88 FLSA $51.37 MSPA $5.94 MSPA $11.88 MSPA $11.88 FLSA $12.03 $48.41 MSPA $2.97 MSPA $45.32 MSPA $10.00 FLSA $6.30 $48.41 MSPA $2.97 MSPA $2.97 FLSA $22.54 $16.11 MSPA $4.55 MSPA $5.94 MSPA $5.94 MSPA $2.97 LDs Due Total Due $65.50 MSPA 61. Galvan, Daniel MSPA MSPA 5 BWs Due MSPA 60. Gallardo, Jesus C. Act(s) MSPA 3 4 Period Covered by Work Week Ending Dates 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 6/20/2015 to 06/27/2015 $11.88 $5.94 $11.88 $51.37 $168.24 $5.94 $11.88 $11.88 $12.03 $72.47 $2.97 $45.32 $10.00 $6.30 $61.01 $2.97 $2.97 $22.54 $61.19 $4.55 $5.94 $5.94 $2.97 1 4 80. Guzman, Arnulfo 6 81. Guzman, Matilde V 7 8 9 84. Guzman, Teresa 6/20/2015 to 06/27/2015 10 11 12 85. Guzman, Uriel 13 86. Hernandez, Carlos 14 15 87. Hernandez, Cirilo 16 88. Hernandez, Genaro 17 89. Hernandez, Gilberto 18 90. Hernandez, Hugo 19 91. Hernandez, Jaun 20 92. Hernandez, Jesus 21 22 23 93. Hernandez, Juan 94. Hernandez, Laura 24 25 95. Hernandez, Manuel 26 96. Hernandez, Marcisco 27 97. Hernandez, Margarita 28 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 06/13/2015 06/20/2015 to 06/27/2015 6/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 16 MSPA $2.97 FLSA $187.21 MSPA $5.94 FLSA $31.64 $10.44 $187.21 $88.25 MSPA $2.97 MSPA $5.94 MSPA $8.91 MSPA $11.88 MSPA $11.88 MSPA $5.94 MSPA $11.88 MSPA $2.97 FLSA $11.95 $30.56 MSPA $2.97 MSPA $11.88 MSPA $8.91 MSPA $2.97 LDs Due Total Due $88.25 FLSA 83. Guzman, Sergio 06/20/2015 to 06/27/2015 6/20/2015 to 06/27/2015 82. Guzman, Miguel $2.97 MSPA 5 MSPA MSPA 79. Guzman, Antonia BWs Due MSPA 3 Act(s) MSPA 2 Name Period Covered by Work Week Ending Dates 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 6/20/2015 to 06/27/2015 $2.97 $2.97 $187.21 $462.67 $5.94 $31.64 $187.21 $73.72 $462.67 $2.97 $5.94 $8.91 $11.88 $11.88 $5.94 $11.88 $2.97 $11.95 $54.46 $2.97 $11.88 $8.91 $2.97 1 2 Name 6 100. Hernandez, Zenon 101. Hernandez Jimenez, Eloy 7 8 102. Herrera, Espen 9 11 104. Juarez, Saturnina 12 105. Leon, Irene 13 106. Leon, Juana B. Nasario 14 15 107. Leon, Micaelo 16 108. Leon, Nestor Nasario 17 109. Leon- Trujano, Ismael 18 110. Lopez, Domingo 19 20 21 22 23 113. Lopez, Juana 24 25 26 27 28 114. Lopez, Julia 115. Lopez, Moises 116. Lopez, Victoria 6/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 17 $5.94 MSPA $37.42 MSPA $40.00 FLSA $15.37 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $5.94 MSPA $5.94 MSPA $5.94 MSPA $5.94 MSPA $5.94 FLSA $23.45 $59.36 $27.37 $45.44 $20.94 $10.44 MSPA $2.97 MSPA $5.94 FLSA MSPA $26.62 $10.44 LDs Due Total Due $9.56 FLSA 112. Lopez, Hermilo 6/27/2015 to 07/04/2015 103. Juarez, Isabel MSPA FLSA 111. Lopez, Geronimo 06/06/2015 to 06/13/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/06/2015 to 06/13/2015 6/20/2015 to 07/04/2015 10 $8.91 MSPA 99. Hernandez, Petra MSPA MSPA 5 BWs Due MSPA 98. Hernandez, Mario Act(s) MSPA 3 4 Period Covered by Work Week Ending Dates 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 6/27/2015 to 07/04/2015 $8.91 $5.94 $37.42 $40.00 $15.37 $40.30 $2.97 $2.97 $2.97 $5.94 $5.94 $5.94 $5.94 $5.94 $23.45 $27.37 $20.94 $106.26 $100.18 $52.32 $2.97 $26.62 $5.94 $63.68 1 2 Name 5 119. Manriquez, Ismael 7 8 9 120. Marcias, Jesus 121. Mares, Jose 06/06/2015 to 06/13/2015 6/27/2015 to 07/04/2015 10 11 12 13 122. Martinez, Abelardo 123. Martinez, Martin 124. Martinez, Miguel Roberto 14 15 125. Martinez, Ramiro 16 126. Martinez, Santos 17 127. Martinez, Victor 18 128. Mejia, Miguel 19 129. Mendez, Jesus 20 130. Mendez, Victor 21 22 131. Mendoza, Alvaro 23 132. Mendoza, Aurelia 24 133. Mendoza, Fidencio 25 26 134. Mendoza, Juan 27 135. Mendoza, Marcelino 28 06/06/2015 to 06/13/2015 06/27/2015 to 07/04/2015 06/06/2015 to 06/13/2015 06/27/2015 to 07/04/2015 06/13/2015 to 06/20/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/06/2015 to 06/13/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 6/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 18 FLSA $63.48 $63.48 MSPA $8.91 FLSA $51.70 $32.85 MSPA $2.97 FLSA $3.14 $38.44 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $5.94 MSPA $5.94 MSPA $8.91 MSPA $11.88 MSPA $11.88 MSPA $2.97 MSPA $2.97 FLSA $56.19 $59.37 MSPA $2.97 MSPA $5.94 Total Due $75.44 MSPA 6 06/20/2015 to 06/27/2015 6/20/2015 to 07/04/2015 LDs Due MSPA 118. Manriquez, Ana Yazmin T. BWs Due MSPA 117. Maldonado, Elvira Act(s) MSPA 3 4 Period Covered by Work Week Ending Dates 5/30/2015 to 06/27/2015 $202.40 $8.91 $51.70 $136.25 $2.97 $3.14 $44.72 $2.97 $2.97 $2.97 $2.97 $5.94 $5.94 $8.91 $11.88 $11.88 $2.97 $2.97 $56.19 $171.75 $2.97 $5.94 1 2 Name 138. Morales, Mateo 7 139. Nasario, Nestor 8 9 140. Ortigoza, Leonardo 141. Ortiz, Israel 10 11 142. Ortiz, Telesforo 06/20/2015 to 06/27/2015 6/27/2015 to 07/04/2015 145. Pimentel, Maria 5/30/2015 to 07/04/2015 143. Pascual, Erika 13 14 15 16 17 146. Pinula, Carlos 18 147. Quiroz, Carlos C. 19 148. Quiroz, Creceniano 06/20/2015 to 06/27/2015 06/06/2015 to 06/13/2015 6/20/2015 to 06/27/2015 20 21 22 149. Quiroz, Seberino 150. Quiroz Cruz, Fidel 23 24 151. Ramirez, Argenes 25 152. Ramirez, Arjeniz 26 153. Ramirez, Bulmaro 06/20/2015 to 06/27/2015 5/30/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 27 28 19 $5.94 MSPA $2.97 MSPA $2.97 MSPA $5.94 MSPA $14.85 FLSA $8.46 MSPA $4.55 FLSA $14.27 $11.31 $12.29 $58.81 MSPA $5.94 MSPA $14.85 FLSA $2.68 $38.19 MSPA $2.97 FLSA $94.92 $87.62 MSPA $2.97 MSPA $2.97 MSPA $5.94 LDs Due Total Due $11.31 FLSA 144. Perez, Josefina 12 MSPA MSPA 6 $5.94 MSPA 137. Morales, Manuel MSPA MSPA 5 BWs Due MSPA 136. Morales, Catalina Act(s) MSPA 3 4 Period Covered by Work Week Ending Dates 06/13/2015 to 06/20/2015 06/06/2015 to 06/13/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 6/27/2015 to 07/04/2015 $5.94 $5.94 $2.97 $2.97 $5.94 $14.85 $8.46 $28.23 $4.55 $14.27 $12.29 $39.85 $83.39 $5.94 $14.85 $2.68 $43.55 $2.97 $94.92 $277.46 $2.97 $2.97 $5.94 1 2 Name 7 8 9 158. Reyes Santiago, Pedro 159. Rincon, Ana Berta 11 12 160. Rodriquez, Ulises 161. Rojas, Noe 13 162. Rosales Torres, Efrain 14 15 16 163. Ruiz, Carmen 164. Ruiz, Rufino 17 18 19 165. Ruiz Quiroz, Rufino 166. Sanchez, Lidia 167. Santiago, Isabel 6/27/2015 to 07/04/2015 168. Santiago, Rosalva 6/27/2015 to 07/04/2015 20 21 22 23 24 169. Soto, Guillermo 25 26 170. Talabera, San Juana 27 171. Tapia, Cesar 28 6/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 07/04/2015 20 MSPA $37.42 MSPA $24.25 FLSA $14.37 MSPA $20.00 MSPA $11.88 MSPA $2.97 FLSA $4.29 $38.44 MSPA $11.88 MSPA $2.97 FLSA $13.47 $9.56 $33.01 $22.69 $14.27 $11.31 $13.52 $17.44 MSPA $9.11 MSPA $8.06 LDs Due Total Due $9.56 FLSA 06/13/2015 to 06/27/2015 06/27/2015 to 07/04/2015 6/27/2015 to 07/04/2015 $14.85 FLSA 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 6/27/2015 to 07/04/2015 MSPA FLSA 10 $14.85 MSPA 156. Ramirez, Yzahu 157. Ramirez Martinez, Vicente MSPA MSPA 6 $5.94 MSPA 155. Ramirez, Pedro MSPA MSPA 5 BWs Due MSPA 154. Ramirez, Fabiola Act(s) MSPA 3 4 Period Covered by Work Week Ending Dates 06/27/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/27/2015 to 7/4/2015 06/27/2015 to 07/04/2015 6/27/2015 to 07/04/2015 $5.94 $14.85 $14.85 $37.42 $24.25 $14.37 $38.30 $20.00 $11.88 $2.97 $4.29 $47.02 $11.88 $2.97 $13.47 $33.01 $14.27 $13.52 $36.50 $88.71 $39.85 $44.48 $9.11 $8.06 1 Name Period Covered by Work Week Ending Dates 06/20/2015 to 06/27/2015 06/27/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 6/27/2015 to 07/04/2015 4 172. Torres, Francisco 5 173. Torrez, Mario 6 174. Tranquilino, Asencion 7 175. Tranquilino, Pablo 8 9 176. Tranquilino, Tomasa 177. Vasquez, Adriana 10 11 178. Vasquez, Altagarcia 12 179. Vasquez, Alvina 13 180. Vasquez, Irma 14 15 181. Vasquez, Jose Miguel 16 182. Vasquez, Juana 17 183. Vasquez, Margarita 18 184. Vasquez, Miguel F. 19 185. Vasquez, Sergio 20 186. Ventura, Eliazar 21 23 187. Ventura, Victor 188. Zaragoza, Olga Yolanda 24 189. Zeferino, Francisco 25 190. Zuniga, Edwin 22 26 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/20/2015 to 06/27/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 06/27/2015 to 07/04/2015 6/27/2015 to 07/04/2015 TOTAL $30.00 MSPA $10.00 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $8.64 MSPA $35.29 MSPA $2.97 FLSA $5.88 $2.97 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $2.97 MSPA $11.88 MSPA $2.97 MSPA $2.97 MSPA $21.08 FLSA $15.37 Total Due $9.56 MSPA LDs Due $11.95 $30.00 $10.00 $2.97 $2.97 $2.97 $8.64 $35.29 $2.97 $5.88 $21.32 $2.97 $2.97 $2.97 $2.97 $2.97 $11.88 $2.97 $2.97 $21.08 $15.37 $42.69 $4,901.59 27 28 MSPA MSPA 3 BWs Due MSPA 2 Act(s) 21 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 28 22

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