Solis v. Ruano et al

Filing 3

CONSENT JUDGMENT : Plaintiff, the Secretary of Labor, has filed her Complaint and defendants LUIS D. RUANO and JOSE HERNANDEZ-GRAMAJO waive their answer, and agree to the entry of this judgment without contest. By executing this Consent Judgment, defendants waive formal service of process of the summons and complaint in this matter. (see judgment for details). Ordered by Chief Judge Carol Bagley Amon on 11/22/2011. (Fernandez, Erica)

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UNITED STATES DISTRICT COURT FOR
EASTERN DISTRICT OF NEW YORK
HILDA SOLIS, Secretary of Labor,
United States Department of Labor,

Civil Action File
No.

Plaint iff,

v.

c v- It-- _,3 :2 5

CONSENT JUDGMENT

Luis D. Ruano and Jose Hemandez-Gramajo,
Individually,
Defendants.

Plaintiff, the Secretary of Labor, has filed her Complaint and defendants LUIS D.
RUANO and JOSE HERNANDEZ-GRAMAJO waive their answer, and agree to the entry of
this judgment without contest. By executing this Consent Judgment, defendants waive formal
service of process of the summons and complaint in this matter.
Defendants acknowledge their responsibilities pursuant to this agreement, and
acknowledge that they will be subject to sanctions in contempt of this cou1t if they fuil to comply
with the provisions of this Judgment. It is, therefore, upon motion of the attorneys for plaintiff
and for cause shown ORDERED that:
I. Defendants, their officers, employees, agents, and all persons acting or claiming to act

in the defendants' behalf and interest be, and they hereby are, permanently enjoined and
restrained fi·om violating the provisions of sections 6, 7, ll(c), 15(a)(2), and 15(a)(5) of the Fair
Labor Standards Act of 1938, as amended, (29 U.S.C. Section 201 et

~.),

(the Act), in any of

the following manners:
(I)

Defendants shall not, contrary to Section 6 of the Act, pay to any of their employees

who in any workweek are engaged in commerce or in the production of goods for commerce, or

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employed in an enterprise engaged in commerce or in the production of goods for commerce, within
the meaning of the Act, wages at rates less than those which are now, or which in the future may
become, applicable W1der Section 6 ofthe Act.
(2)

Defendants shall pay employees at time and one-half their regular hourly rates for

all hours worked over 40 per week, and shall not, contrary to Section 7 of the Act, employ any of
their employees in any workweek for workweeks longer than the hours now, or which in the
future become, applicable under Sections 7 and 15(a) (2) of the Act, W1less the employee
receives compensation in compliance with the Act.
(3) Defendants shall make, keep, and preserve adequate records of their employees and of

the wages, hours, and other conditions and practices of employment maintained by him as
prescribed by the Regulations issued pursuant to Section I l(c) of the Act and found at 29 CFR
Part 516.

(4) Defendants shall not discharge or take any retaliatory action against any employee
because the employee engages in any ofthe following activities:
a.

Discloses, or threatens to disclose, to a supervisor or to a public agency, any

activity, policy or practice of the employer or another employer, with whom there is a business
relationship, that the employee reasonably believes is in violation of the Act or a rule or
regulation promulgated pursuant to the Act;
b.

Provides information to, or testifies before, any public agency or entity

conducting an investigation, hearing or inquiry into any alleged violation of the Act or a rule or
regulation promulgated pursuant to the Act, by the employer or another employer with whom
there is a business relationship.

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c.

Objects to, or refuses to participate in any activity, policy or practice which the

employee reasonably believes is in violation of the Act or a rule or regulation promulgated
pursuant to the Act.
II. Defendants LUIS D. RUANO AND JOSE HERNANDEZ-GRAMAJO are enjoined
and restrained from withholding the payment of a total of $86,956.59: $86,703.54 in minimum
wage and overtime compensation plus post-judgment interest in the amount of $253.05 due
certain employees listed on Exhibit A. Payment of this amount will be made in monthly
installments in accordance with the amounts and due dates set forth in Exhibit B. All installment
payments shall be in checks made payable to "name of the employee listed on exhibit B or Wage
and Hour Division-Labor" with "Case No. 1623062 et al" written on the face of each check.

Ill. A copy of each of the checks along with the Form WH-58 shall be sent to U.S.
Department of Labor, Wage & Hour Division, llA CLINTON AVE., RM 822, ALBANY, NY
12207, Attn: JAY ROSENBLUM, District Director.
IV. If the defendants fail to make an installment payment on ExJlibit B without making
up the arrearage within two weeks after written notice to defendants, the entire balance shall
become due and payable immediately.
V. Neither defendants nor anyone acting on their behalf shall directly or indirectly solicit
or accept the return or refusal of any sums paid as back wages under this Judgment.
VI. The plaintiff shall deliver the proceeds of each check less any legal deductions to the
employees named on Exhibit A. Any sums not distributed to the employees or to their personal
representatives, because of inability to locate the proper persons or because of such persons'
refusal to accept such sums, shall be deposited with the Clerk of this Court who shall fmthwith
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deposit such money with the Treasurer of the United States pursuant to 28 U.S.C. §2041 and
§2042.
VII. Defendants shall provide to plaintiff the social security numbers and last known
addresses of the defendants' employees and former employees to be paid under this judgment.
VIII. If the defendants fail to make the payments as set forth above, upon notice to the
defendants; the Court shall appoint a Receiver to effectuate all of the tenns of this Consent
Judgment. In the event a Receiver is appointed:
(1) Defendants shall cooperate with the Receiver in all respects, and shall provide to the
Receiver any and all information which the Receiver may require to cany out its appointment
and in accordance with the authority given to the Receiver pursuant to applicable law at the time
of appointment.
(2) All the expenses of the accountant or Receiver shall be borne solely by defendants.
(3) If the Court appoints a Receiver, the Receiver shall serve until the payment of the
monetary tenns of this Judgment are satisfied.
(4) The Receiver shall have full authority to: collect the Defendants' assets and report
his/her findings to the Comt and the parties; to redeem and/or liquidate the defendants' assets
and turn over the proceeds to the Secretary; if the asset is a debt that is due, collect it and turn
over the proceeds to the Secretruy; to analyze all indebtedness and where deemed appropriate
seek restructuring; to analyze all transfers of the defendants' assets; to prevent waste or fraud;
and to do all acts and take all measures necessary or proper for the efficient pertonnance of the
duties under this Judgment.

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IX. Defendants shall place FLSA posters in English and in any other language spoken by
the employees. These posters will be provided by the Wage and Hour Division as available.
Defendants shall display the posters where employees may view them.
X. Defendants shall orally inform all their employees in English and in any other
language spoken by the employees of the their rights under the Fair Labor Standards Act, and the
terms of this Judgment, including the payment of minimum wages and overtime and the rights of
employees to engage in activity protected by the Act without fear of retaliation. The defendants
shall so infurm their employees within thirty (30) days of the entry ofJudgment on a workday.
XI. Neither the commencement of this action nor the provisions of this Consent Judgment
shall in any way affect, detennine, or prejudice any and all legal rights of any employees of
defendant not listed in Exhibit A of this Judgment, be they cun·ent or fom1er employees, to file
any action against defendant under section 16(b) of the Act or likewise for any cun·ent or former
employee listed on Exhibit A of this Judgment to file any action against defendant under section
16(b) of the Act tor any violations alleged to have occurred after July 31, 2011.

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XII. Each party will bear its own fees and other expenses incurred by such pru1y in
connection with any stage of this proceeding.

s/CBA
DATED:
Central Islip, NY

Defendants and consent to the entry ofthis Judgment.

~
LU~d~
·-.

-~~ ~----

MAJO, Individually

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