Acosta v. Care at Home, LLC et al

Filing 124

ORDER AND PERMANENT INJUNCTION. Signed by Judge Alvin W. Thompson on 2/12/2021. (Burks, L.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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EUGENE SCALIA, SECRETARY OF
:
LABOR, UNITED STATES DEPARTMENT :
OF LABOR,
:
:
Plaintiff,
:
:
v.
:
Civil No. 3:18-cv-711(AWT)
:
CARE AT HOME, LLC, DANIEL KARP, and :
SUZANNE KARP,
:
:
Defendants.
:
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ORDER AND PERMANENT INJUNCTION
Plaintiff Eugene Scalia, Secretary of Labor, United States Department of Labor (the
“Secretary”), moved for partial summary judgment against defendants Care at Home, LLC and
Daniel Karp in this case under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §
201, et seq. (the “FLSA”).
The court granted the Secretary’s motion for summary judgment on the following aspects
of this case:
1) From November 12, 2015 until December 31, 2015, defendants Care at Home, LLC
and Daniel Karp failed to pay the required overtime premium to certain of their
employees who worked more than 40 hours in a workweek, in violation of Section 7
of the FLSA, 29 U.S.C. § 207;
2) Defendants Care at Home, LLC and Daniel Karp owe their employees back wages in
the amount of $19,301.18 for this 2015 overtime violation;
3) Liquidated damages in the amount of $19,301.18 are awarded for this 2015 overtime
violation;

4) From January 1, 2016 and through at least October 23, 2016 defendants Care at Home,
LLC and Daniel Karp deducted improper amounts from certain employees’ wages for
meals, in violation of Section 7 of the FLSA, 29 U.S.C. § 207;
5) Defendants Care at Home, LLC and Daniel Karp are employers under Section 3(d) of
the FLSA, 29 U.S.C. § 203(d); and
6) Defendants Care at Home, LLC and Daniel Karp violated the recordkeeping provisions
of the FLSA, 29 U.S.C. § 211 and the regulations thereunder, by failing to maintain
certain records supporting their deductions from employees’ wages and failing to
maintain complete records of employees’ hours worked.
It is, therefore, ORDERED, ADJUDGED, and DECREED that defendants Care at Home,
LLC and Daniel Karp, their agents, servants, employees, and those persons in active concert or
participation with them, or acting in their interest and behalf be, and hereby are, permanently
enjoined and restrained from violating the provisions of the FLSA in any of the following ways:
1) Defendants Care at Home, LLC and Daniel Karp shall not, contrary to Sections 7 and
15(a)(2) of the FLSA, 29 U.S.C. §§ 207 and 215(a)(2), employ any employees who in any
workweek are engaged in commerce or in the production of goods for commerce, or who are
employed in an enterprise engaged in commerce or in the production of goods for commerce,
within the meaning of the FLSA, for workweeks longer than forty hours, unless such employees
receive compensation for their employment in excess of forty hours at a rate not less than one and
one-half times the employees’ regular rates of pay.
2) Defendants Care at Home, LLC and Daniel Karp shall not fail to make, keep, and
preserve records of employees and of the wages, hours, and other conditions and practices of
employment maintained by them as prescribed by the regulations issued, and from time to time

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amended, pursuant to Section 11(c) of the FLSA, 29 U.S.C. § 211(c), and found in Title 29, Part
516 of the Code of Federal Regulations.
In addition, because the court has found that defendants Care at Home, LLC and Daniel
Karp’s employees are due compensation in the amount of $38,602.36 (consisting of $19,301.18 in
gross overtime back wages and $19,301.18 in liquidated damages) as a result of the overtime
violations occurring between November 12, 2015 and December 31, 2015, it is ORDERED,
ADJUDGED, and DECREED that defendants Care at Home, LLC and Daniel Karp are restrained
from withholding payment of said overtime compensation, and are ordered, jointly and severally,
to pay said back wages and liquidated damages in accordance with the terms set forth below.
The back wages and liquidated damages provisions of this Order shall be deemed satisfied
when Care at Home, LLC and Daniel Karp deliver to the plaintiff payment totaling $19,301.18 in
gross back wages, from which deductions for the employees’ share of social security and federal
withholding taxes will be made by the United States Department of Labor, with no deduction for
the employees’ state withholding tax, and separate payment totaling $19,301.18 in liquidated
damages, none of which is subject to deductions. Defendants Care at Home, LLC and Daniel Karp,
jointly and severally, shall further pay the employer’s share of FICA to the appropriate authorities
for the back wages paid pursuant to this Order after presentation of the United States Department
of Labor’s quarterly summary of employee payments made.
To comply with the payment provisions set forth above related to back wages and
liquidated damages, Care at Home, LLC and Daniel Karp may pay online by ACH transfer, credit
card, debit card, or digital wallet by going to https://pay.gov/public/form/start/77689032 or by
going to http://www.pay.gov and searching for WHDBWNE. They also have the option to provide
to the Secretary certified checks, bank checks, or money orders made payable to “Wage and Hour

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Division—Labor,” and those checks or money orders shall be mailed to:
U.S. Department of Labor
Wage and Hour Division
Northeast Region
The Curtis Center, Suite 850 West
170 South Independence Mall West
Philadelphia, PA 19106-3317
Attention: William Schweizer

Checks or money orders shall have Case No. 1796484 written on the face of the checks or
money orders. These payments of back wages and liquidated damages shall be made within 30
days of the entry of this Order.
If Care at Home, LLC and Daniel Karp pay any amounts owed under this Order by check
or money order, a copy of said checks or money orders shall be mailed to the following address:
U.S. Department of Labor, Wage and Hour Division, 135 High Street, Room 210, Hartford,
Connecticut 06103-1111, Attention: Assistant District Director.
Within 10 days of the entry of this Order, Care at Home, LLC and Daniel Karp shall deliver
to the United States Department of Labor at the Wage and Hour Division’s Hartford, Connecticut
address set forth above, a statement showing the following: employers’ Federal ID number(s), the
name of each employee listed in Exhibit A to the Complaint in this case, and each employee’s
current address and social security number (to the extent currently known by the defendants).
The Secretary shall distribute the back wages and liquidated damages to the affected
employees listed on Exhibit A to the Complaint. When recovered wages and/or liquidated damages
have not been claimed by an employee within three years, because of inability to locate the
employee or because of the employee’s refusal to accept such sums, the plaintiff shall deposit the
wages and/or liquidated damages into the United States Treasury as miscellaneous receipts
pursuant to 29 U.S.C. § 216(c).
Defendants Care at Home, LLC and Daniel Karp shall not, under any circumstances, solicit
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repayment of any amount paid to any employee in connection with this Order. In the event any
such amount is received from any employee, Defendants Care at Home, LLC and Daniel Karp
shall immediately remit such amount to the United States Department of Labor at the Philadelphia,
Pennsylvania address set forth above.
It is so ordered.
Dated this 12th day of February 2021, at Hartford, Connecticut.

_________/s/ AWT_______________
Alvin W. Thompson
United States District Judge

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