Solis v. Chip-N-Dale's Custom Landscaping, Inc. et al

Filing 7

CONSENT JUDGMENT in favor of Hilda L. Solis against Chip-N-Dale's Custom Landscaping, Inc., Greg Struhl, Ruben Enriquez. Signed by Judge James C. Mahan on 8/18/11. (Copies have been distributed pursuant to the NEF - ECS)

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LAWRENCE BREWSTER, Regional Solicitor
DAVID M. KAHN, Counsel for Employment Standards
KATHERINE M. KASAMEYER, Trial Attorney
email: [e-mail]
California State Bar Number 261820
United States Department of Labor
Office of the Solicitor
90 Seventh Street, Suite 3-700
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Attorneys for plaintiff, Hilda L. Solis, Secretary
United States Department of Labor

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HILDA L. SOLIS, Secretary of Labor, United ) Docket No.: 2: 11-CV- 01185-JCM-PAL
)
States Department of Labor,
) CONSENT JUDGMENT
Plaintiff,
)
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v.
)
)
CHIP-N-DALE’S CUSTOM
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LANDSCAPING, INC., a Nevada
)
Corporation, GREG STRUHL, an
)
Individual, and RUBEN
)
ENRIQUEZ, an individual,
)
)
Defendants.

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Plaintiff, Hilda L. Solis, Secretary of Labor, United States Department of Labor, having
filed her complaint, and defendants, Chip-N-Dale’s Custom Landscaping, Inc., Greg Struhl, and
Ruben Enriquez (collectively “defendants”), having been duly advised on the proceedings,
without admitting to the allegations contained within the complaint, agree to the entry of this
consent judgment in settlement of this case without contest.
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Defendants, their officers, agents, servants, employees, and all persons in active

concert or participation with them be, and they hereby are, permanently enjoined and restrained

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from violating the provisions of sections 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of

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1938 (“FLSA”), 29 U.S.C. §§ 215(a)(2) and 215(a)(5), in any of the following manners:
a.

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Defendants shall not, contrary to sections 6 and 15(a)(2) of the FLSA, pay

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any of their employees who in any workweek are engaged in commerce or in the production of

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goods for commerce or who are employed in an enterprise engaged in commerce or in the

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production of goods for commerce, within the meaning of the FLSA, wages at a rate less than

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$7.25 per hour (or at a rate less than such other applicable minimum rate as may hereinafter be

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established by amendment to the FLSA).
b.

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Defendants shall not, contrary to sections 7 and 15(a)(2) of the FLSA,

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employ any of their employees who in any workweek are engaged in commerce or the

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

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

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longer than forty hours, unless such employee receives compensation for his employment in

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excess of forty hours at a rate not less than one and one-half times the regular rates at which he is

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employed.
c.

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Defendants shall not fail to make, keep and preserve records of their

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employees and of the wages, hours, and other conditions and practices of employment

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maintained by them as prescribed by the regulations issued, and from time to time amended,

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pursuant to section 11(c) of the FLSA and found in 29 C.F.R. Part 516, including the

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requirement to make, keep and preserve records of the time each employee starts and ends work

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each day.

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2.

Defendants shall not request, solicit, suggest, or coerce, directly, or indirectly,

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any employee to return or to offer to return to the defendants or to someone else for the

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defendants, any money in the form of cash, check, or any other form, for wages previously due

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or to become due in the future to said employee under the provisions of this judgment or the

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FLSA; nor shall defendants accept, or receive from any employee, either directly or indirectly,

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any money in the form of cash, check, or any other form, for wages heretofore or hereafter paid

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to said employee under the provisions of this judgment or the FLSA; nor shall defendants

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discharge or in any other manner discriminate, nor solicit or encourage anyone else to

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discriminate, against any such employee because such employee has received or retained money

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due to him from the defendants under the provisions of this judgment or the FLSA.

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3.

Defendants shall not withhold back wages from the plaintiff the sum of $55,000,

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which represents the unpaid overtime compensation hereby found to be due, for the period April

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1, 2008 through April 1, 2010, plus $220 in post-judgment interest, to the present and former

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employees named in exhibit A, attached hereto and made a part hereof, in the amounts set forth

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therein, less deductions for employees’ share of social security, federal income tax, and state

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income tax. These amounts will be paid in thirteen installments as described below.

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4.

The amounts described in paragraph 3 shall be paid in thirteen installments as

follows:
Down payment due
ten days from date of
entry of decree:

$11,000

September 21, 2011
October 21, 2011
November 21, 2011
December 21, 2011
January 21, 2012
February 21, 2012
March 21, 2012
April 21, 2012
May 21, 2012
June 21, 2012
July 21, 2012
August 21, 2012

$3,685
$3,685
$3,685
$3,685
$3,685
$3,685
$3,685
$3,685
$3,685
$3,685
$3,685
$3,685

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5.

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The provisions of paragraphs 3 and 4 of this consent judgment will be deemed

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satisfied by defendants delivering to plaintiff’s representative the following on or before each of

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the installment dates listed in paragraph 4:
a.

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A schedule in duplicate showing the name, last known address, social

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security number, gross amount of wages due, amounts deducted from gross wages for each

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employee’s share of social security, amount deducted for federal income tax, amount deducted

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for state income tax, and the net amount of such payment for each employee named in exhibit A.

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The amount deducted from the sums enumerated in exhibit A hereof for social security, federal

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income tax, and state income tax shall be paid by defendants to the appropriate federal and state

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revenue authorities and appropriate proof of such payment shall be furnished to plaintiff by

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defendants.
b.

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Payments shall be in the form of certified or cashiers checks, in the

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amounts stated above in paragraph 4, made payable to the order of the “Wage and Hour Div.,

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Labor,” less legal deductions as listed on the schedule referred to in subparagraph (a).
c.

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The payment shall be made by mailing such check by certified mail with

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the schedule hereinbefore described to the United States Department of Labor, Wage and Hour

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Division, Las Vegas District Office, 600 Las Vegas Blvd., S. Suite 750, Las Vegas, Nevada

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89101.
d.

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Should defendants fail make the aforesaid payments set forth above on or

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before the dates set forth above, the entire amount of the balance of unpaid compensation

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remaining shall become due without further notice by plaintiff to defendants, and that amount

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shall be subject to post-judgment interest at the rate of ten percent per annum.

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6.

The amounts so paid shall be used by the plaintiff to satisfy the obligations

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imposed under the provisions of section 16(c) of the FLSA, 29 U.S.C. § 216(c), and shall be

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distributed to the employees named and in the amount set forth in exhibit A to this consent

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judgment (or to their heirs or estates). Any monies not distributed by the Wage and Hour

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Division because of a failure to locate an employee or because of an employee’s refusal to accept

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said distribution shall be deposited with the Treasurer of the United States, pursuant to 28 U.S.C.

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§ 2041.
7.

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

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this consent judgment shall not act as or be asserted as a bar to any action under section l6(b) of

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the FLSA, 29 U.S.C. § 216(b), as to any employee not named on the exhibit A attached to this

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consent judgment and incorporated hereto by reference, nor as to any employee named on the

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exhibit A for any period not specified herein for the back wage recovery provisions.
8.

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Each party shall bear all fees, including attorneys’ fees, and other expenses

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(including court costs) incurred by such party in connection with any stage of this proceeding to

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date.

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This court shall retain jurisdiction of this action for purposes of enforcing compliance
with the terms of this consent judgment.

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IT IS SO ORDERED:

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_________________________

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UNITED STATES DISTRICT JUDGE

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August
DATED: _______ 18, 2011

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Case 2:11-cv-01185-JCM -PAL Document 6

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Filed 08/18/11 Page 6 of 9

Plaintiff and defendants consent to entry of this consent judgment this _day of Aug '2011.
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For plaintiff

For defendants

M. PATRJCIA SMITH
Secretary of Labor

LAWRENCE BREWSTER
Regional Solicitor
GREG STRUHL, an individual
DAVID M. KAHN
Counsel for Employment Standards

CHIP-N-DALE'S CU
LANDSCAPING

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�
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THER

I<ASAME

R

Trial Attorney

defendant

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UNITED STATES DEPARTMENT OF

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LABOR

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Attorneys for the plaintiff

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Dated:

Aug _,2011
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Case 2:11-cv-01185-JCM -PAL Document 6

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EXHIBIT A

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EMPLOYEE

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ACUNA, RAFAEL
ALARCON, DAVID
ALAVAREZ ORLANDO, BIBIANO
ALAVAREZ VENANCIO, EUDIN
ANDRADE VAZQUEZ, MANUEL
ARROYO, ENRIQUE
ARZOLA – NAVARETTE, JESUS
AYALA, ALEJANDRO
BACA GOMEZ, EDWIN
BALLINAS, LUIS
BARRALES LUNA, ISMAEL
BARTOLO, ELISEO
BOLANOS ROJAS, JOSE LUIS
BRAVO, JORGE
CARRILLO GONZALEZ, PABLO
CHABLE ARIAS, RODEMAR
CORTEZ MENDEZ, BENITO
CORTEZ MORENO, ALEJANDRO
CORTEZ NICOLAS, JUAN CARLOS
CRUZ, TOMAS
CUELLAR SANCHEZ, ARMANDO
DUARTE, SAMUEL A.
ENRIQUEZ, RODOLFO
ESTRADA SALAZAR, FERNANDO
GALVEZ-CEGUEDA, GERARDO
GARCIA GUTIERREZ, CARLOS
GIRON JUAREZ, ELMER
GOMEZ, MAXIMO
GOMEZ SOLANO, ALEJANDRO
GOMEZ SOLANO, LEONARDO
GONZELS-CEGUEDA, RENE
GONZALEZ, BENINGO
GONZALEZ, REY
GONZALEZ, ROBERTO
GONZALEZ FLORES, AMADOR
GONZALEZ FLORES, JOSE

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BACK
WAGES
$598.54
$853.07
$21.61
$481.46
$110.42
$383.07
$862.39
$598.54
$202.51
$1,273.58
$129.68
$389.05
$608.73
$280.98
$312.46
$1,017.52
$21.61
$172.91
$432.28
$129.68
$108.07
$151.29
$1,714.59
$1,267.24
$49.88
$21.61
$919.80
$1,259.13
$1,064.70
$316.63
$1,258.60
$682.33
$335.79
$717.13
$1,200.38
$1,114.43

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POST
JUDGMENT
INTEREST
$2.39
$3.41
$0.09
$1.93
$0.44
$1.53
$3.45
$2.39
$0.81
$5.09
$0.52
$1.56
$2.43
$1.12
$1.25
$4.07
$0.09
$0.69
$1.73
$0.52
$0.43
$0.61
$6.86
$5.07
$0.20
$0.09
$3.68
$5.04
$4.26
$1.27
$5.03
$2.73
$1.34
$2.87
$4.80
$4.46

TOTAL
$600.93
$856.48
$21.70
$483.38
$110.86
$384.60
$865.84
$600.93
$203.32
$1,278.68
$130.20
$390.61
$611.16
$282.11
$313.71
$1,021.59
$21.70
$173.61
$434.01
$130.20
$108.50
$151.90
$1,721.45
$1,272.31
$50.08
$21.70
$923.48
$1,264.17
$1,068.96
$317.90
$1,263.63
$685.06
$337.13
$720.00
$1,205.18
$1,118.89

Case 2:11-cv-01185-JCM -PAL Document 6

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GONZALEZ MARTINEZ, GONZALO
GUARDADO, PEDRO
GUIRIN, VALENTIN
HERNANDEZ, FERNANDO
HERNANDEZ, ROBERTO
HERNANDEZ GARCIA, SALVADOR
HERNANDEZ LIRA, SELESTINO
HERNANDEZ ROSAS, JAVIER
LARRAVE, RUBEN
LINARES PAVON, JOSE
LOPEZ, CHAVEZ, MISAEL
LOPEZ ENRIQUEZ, MARIO
MALAGA, ANTONIO
MALDONADO AYALA, CRUZ
MALDONADO DOMINGUEZ
MARIN, EDGAR HECTOR
MARTINEZ CAMPOS, CARMELO
MARTINEZ DOLORES, AMADOR
NAVA, RUBEN
NAVARRO, JUAN
NUNO, DANIEL
ORTEGA CARRANZA, OTTO
ORTEGA GARCIA, GUSTAVO
PALENCIA, GERMAN
PALENCIA, JULIAN B.
PAREDES, JOSE
PEDRAZA, ANTONIO
PEDRAZA, CLAUDIO
PEREZ HERNADEZ, ARMANDO
PEREZ MELENDES, ERNESTO
PEREZ OSORIO, ALFREDO
PEREZ SANTOS, ANDRES
PEREZ VICTORIANO, GERARDO
PONCE GARCIA, RENE
RAMIREZ, MISAEL
RAMOS, ELIGIO
RIVERA GARCIA, CRISTOBAL
RIVERA GARCIA, FAUSTINO
RIVERA GARCIA, JOSE ALBERTO
RIVERA VERGARA, GREGORIO
RODRIGEZ, JOSE M.

Filed 08/18/11 Page 8 of 9

$139.29
$148.97
$455.99
$21.61
$1,141.16
$151.29
$302.60
$151.29
$212.82
$432.28
$821.33
$383.07
$349.15
$1,074.60
$216.14
$1,590.41
$527.35
$151.29
$1,851.22
$402.35
$270.03
$95.14
$672.63
$145.21
$163.47
$177.68
$199.51
$517.83
$653.57
$599.70
$237.75
$875.89
$266.02
$1,054.02
$1,826.16
$261.23
$1,276.89
$303.26
$778.84
$1,054.86
$409.66

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$0.56
$0.60
$1.82
$0.09
$4.56
$0.61
$1.21
$0.61
$0.85
$1.73
$3.29
$1.53
$1.40
$4.30
$0.86
$6.36
$2.11
$0.61
$7.40
$1.61
$1.08
$0.38
$2.69
$0.58
$0.65
$0.71
$0.80
$2.07
$2.61
$2.40
$0.95
$3.50
$1.06
$4.22
$7.30
$1.04
$5.11
$1.21
$3.12
$4.22
$1.64

$139.85
$149.57
$457.81
$21.70
$1,145.72
$151.90
$303.81
$151.90
$213.67
$434.01
$824.61
$384.60
$350.55
$1,078.90
$217.00
$1,596.78
$529.46
$151.90
$1,858.63
$403.96
$271.11
$95.52
$675.32
$145.79
$164.13
$178.39
$200.31
$519.90
$656.18
$602.10
$238.70
$879.39
$267.08
$1,058.24
$1,833.47
$262.27
$1,281.99
$304.47
$781.95
$1,059.08
$411.30

Case 2:11-cv-01185-JCM -PAL Document 6

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RODRIGUEZ, ROLANDO
RODRIGUEZ CAMPOS
ROMUALDO, ALEJANDRO
ROSALES, JAIRO ANTONIO
SERAFIN, GERMAN
SOBERANEZ ESPEJEL, CRISTINO
TIASECA, HUMBERTO
TIASECA SALDIVAR, ENRIQUE
TIATENCHI-GARCIA, GUILLERMO
TORRES, ELPIDIO
VALIENTE RAMON, SANTIAGO
VALIENTE SEVILLA, GREGORIO
VASQUEZ NEBLINA, BULMARO
VAZQUEZ NELINA, DIEGO
VENTURA FUENTES, JORGE
MARIO
VILLA CEDILLO, GERARDO
VILLAGOMEZ, AURELIANO
TOTAL

Filed 08/18/11 Page 9 of 9

$175.58
$2,195.65
$914.98
$158.28
$420.79
$287.30
$237.75
$939.37
$139.66
$1,409.38
$605.19
$271.34
$783.99
$475.51
$63.84
$642.24
$1,853.89
$55,000.00

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$0.70
$8.78
$3.66
$0.63
$1.68
$1.15
$0.95
$3.76
$0.56
$5.64
$2.42
$1.09
$3.14
$1.90

$176.28
$2,204.43
$918.64
$158.91
$422.47
$288.45
$238.70
$943.13
$140.22
$1,415.02
$607.61
$272.42
$787.13
$477.41

$0.26
$64.10
$2.57
$644.81
$7.42 $1,861.31
$220.00 $55,220.00