Solis v. WSTB Corp., et al

Filing 7

CONTEMPT CONSENT JUDGMENT: SO ORDERED that defts WSTB CORP. d.b.a KASHI SUSHI LOUNGE, and XIANG UN aka SKY LIN, individually and as President, shall purge themselves of said contempt by: (1) Immediately complying with the provisions of sections 7, ll (c), 15(a)(2), and 15(a)(5) of the Act; and (2) Paying to plaintiff the sum of $50,920.93 ($46,886. 72 in overtime compensation, plus pre-judgment interest in the amount of $3,922.34, and post-judgment interest in the amount of $1 11.87) due certain employees listed on Exhibit A of this Judgment. Payment of the aforesaid sum shall be made on or before November 15, 2014 in accordance with the dates shown in Exhibit B attached hereto. Defts shall pay civil money penalties in the amount of $70,246.00 ($68,200.00 in civil money penalties, plus $2,046.00 in interest) for willful overtime violations no later than January 15, 2017. Payments shall be made by separate cashier or certified check[s] made payable to &q uot;Wage and Hour Division - Labor" with "Civil Money Penalty- FLSA Case No. 1708100." Payment of this amount will be made in monthly installments in accordance with the amounts and due dates set forth in Exhibit B. Ordered by Judge Sandra J. Feuerstein on 4/10/2014. (Florio, Lisa)

------------

P)f

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E 0 N Y

UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF NEW YORK

*

APR 102014

*

LONG ISLAND OFFIC(

-~~----~------------------------------------------------------

THOMAS E. PEREZ 1, Secretary of Labor
United States Department of Labor,
Plaintiff,

v.
WSTBCORP.,
a Corporation
d.b.a KASHI SUSHI LOUNGE; and
XIANG LIN aka SKY LIN, Individually
and as President

Civil Action
No. 12-CV-3170
CONTEMPT
CONSENT
JUDGMENT

(SJF,ETB)

Defendants

WHEREAS, this court entered a Consent Judgment in a matter captioned Hilda L. Solis
v. defendants WSTB CORP. d.b.a KASHI SUSHI LOUNGE, and XIANG LIN aka SKY LIN,
individually and as President, on June 29, 2012, which permanently enjoined and restrained
defendants WSTB CORP. d.b.a KASHI SUSHI LOUNGE, and XJANG LIN aka SKY LIN,
individually and as President, their officers, servants, employees and those persons in active
concert or participation with them, from violating the provisions of sections 7, ll(c), 15(a)(2)
and IS(a)(S) of the Fair Labor Standards Act, 29 U.S.C. section 201 ~ ~, (hereinafter "the
Act"); and
WHEREAS, plaintiff filed a Petition for Adjudication of Civil Contempt alleging that
defendants WSTB CORP. d.b.a KASHI SUSHI LOUNGE, and XIANG LIN aka SKY LIN,
individually and as President, had continued to violate the provisions of sections 7, I l(c), IS(a)
(2) and 15(a)(5) of the Act and to have the Court find defendants WSTB CORP. d.b.a KASHI

1 Pursuant to

Rule 25(d) of the Federal Rules of Civil Procedure, Thomas E. Perez is substituted
for Hilda L. Solis as Plaintiff.

SUSHI LOUNGE, and XIANG LIN aka SKY LIN, individually and as President, in civil
contempt for their failure to comply with the terms of the permanent injunction in the consent
judgment signed by the Court on June 29, 2012; and
WHEREAS, defendants WSTB CORP. d.b.a KASHI SUSHI LOUNGE, and XIANG
LIN aka SKY LIN, individually and as President, have continued to violate the provisions of
sections 7, ll(c), 15(a)(2) and 15(a)(5) of the Act; and
WHEREAS, petitioner has demanded that the Court issue an Order adjudicating
defendants in civil contempt of the Court's June 29,2012 consent judgment; and
WHEREAS, petitioner Secretary of Labor and WSTB CORP. d.b.a KASHI SUSHI
LOUNGE, and XIANG LIN aka SKY LIN, individually and as President, through their
undersigned Counsel have agreed to. resolve the pending petition with respect to defendants
WSTB CORP. d.b.a KASHI SUSHI LOUNGE, and XIANG LIN aka SKY LIN, individually
and as President, it is therefore:
I. ORDERED, ADJUDGED AND DECREED that defendants WSTB CORP. d.b.a

KASHI SUSHI LOUNGE, and XIANG LIN aka SKY LIN, individually and as President, be
held in civil contempt of this Court's June 29, 2012 consent judgment by reason of their failure to
comply with the Court's restraining order permanently enjoining defendants WSTB CORP. d.b.a
KASHI SUSHI LOUNGE, and XIANG LIN aka SKY LIN, individually and as President, from
violating the provisions of sections 7, 11 (c), 15(a) (2) and lS(a)(S) of the Act, as provided forin
the consent judgment; and it is further
II. ORDERED, ADJUDGED· AND DECREED that defendants WSTB CORP. d.b.a
KASHI SUSHI LOUNGE, and XIANG UN aka SKY LIN, individually and as President, shall

7.

purge themselves of said contempt by:
(1)

Immediately complying with the provisions of sections 7, ll(c), 15(a)(2), and

I 5(a)(5) of the Act; and
(2)

Paying to plaintiff the sum of $50,920.93

($46,886.72

in overtime

compensation, plus pre-judgment interest in the amount of $3,922.34, and post-judgment
interest in the amount of $111.87) due certain employees listed on Exhibit A of this Judgment.
Payment of the aforesaid sum shall be made on or before November 15, 2014 in accordance
with the dates shown in Exhibit B attached hereto. Payment shall be made in cashier or certified
check made payable to:
"Wage and Hour Division -Labor'' with "Case No. 1708100 "written on the face of
the check.
The check shall be sent to:
U.S. Department of Labor/Wage & Hour Division
The Curtis Center, Suite 850, West
170 S. Independence Mall West
Philadelphia, PA 19106-3317

III. On or before the date indicated on Exhibit B, defendants shall send a copy of the
check to:
U.S. Department of Labor/Wage & Hour Division
1400 Old Country Road, Suite 410
Westbury, New York 11590-5119
Attn: Richard Mormile, Assistant Director

IV. 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 or estates within a period of three years, because of inability to locate the proper

1

persons or because of such persons' refusal to accept such sums, shall be deposited in the
Treasury of the United States as miscellaneous receipts pursuant to 29 U.S.C. § 216(c). A
Consolidated Payment Schedule for Back Wages and Civil Money Penalties are found in Exhibit

B.
V. ORDERED, ADJUDGED AND DECREED that 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 Contempt Consent Judgment; it is further
VI. ORDERED, ADJUDGED AND DECREED that Defendants shall pay civil money

penalties in the amount of $70,246.00 ($68,200.00 in civil money penalties, pius $2,046.00 in
interest) for willful overtime violations no later than January 15, 2017. Payments shall be
made by separate cashier or certified check[s] made payable to "Wage and Hour Division Labor" with "Civil Money Penalty- FLSA Case No. 1708100." Payment of this amount will
be made in monthly installments in accordance with the amounts and due dates set forth in
Exhibit B.
The certified check[s] shall be sent to:

U.S. Department of Labor/Wage Hour Division
The Curtis Center, Suite 850 West
170 S. Independence Mall West
Pbiladelphia, PA 19106-3317
On or before January 15, 2017, Defendants shall send copies of the checks to Richard
Mormile, Assistant Director as set forth in paragraph III above.
VII. If the defendants fail to make an installment payment on Exhibit B without making
up the arrearage within two weeks after written notice to defendants, the entire balance shall
become due and payable immediately..

VUI. Defendants shall place FLSA posters where employees may view them. These
posters will be provided by the Wage and Hour Division as available.
IX. 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 inform their employees within thirty (30) days of the entry of Judgment on a workday;
and it is further
X. ORDERED, ADJUDGED, AND DECREED that defendants WSTB CORP. d.b.a
KASHI SUSHI LOUNGE, and XIANG LIN aka SKY LIN, individually and as President, their
officers, agents, servants, employees, and all persons acting or claiming to act in their behalf and
interest be, and they hereby are, permanently enjoined and restrained from violating the
provisions of sections 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 ~' hereinafter called the Act, in any of the following
manners:
(I) Defendants WSTB CORP. d.b.a KASHI SUSHI LOUNGE, and XIANG LIN

aka SKY LIN, individually and as President, shall not, contrary to Section 7 of the Act, employ
any of their employees in any workweek who are engaged in commerce or in the production of
goods for commerce, or employed in an enterprise engaged in commerce or in the production of
goods for commerce, within the meaning of the Act, for workweeks longer than the hours now,
or which in the future become, applicable under Sections 7 and 15( a)(2) of the Act, unless the
said employees receive compensation for their employment in excess of the prescribed hours at
rates not less than one and one-halftimes the employees' regular rates.

(2) Defendants WSTB CORP. d.b.a KASHI SUSHI LOUNGE, and XIANG LIN
aka SKY LIN, individually and as President, shall not fail to make, keep, and preserve adequate
records of their employees and of the wages, hours, and other conditions and practices of
employment maintained by them as prescribed by the Regulations issued pursuant to Section
1l(c) of the Act and found at 29 CFR Par 516.
XL

Neither the commencement of this action nor the provisions of this Consent

Judgment shall in any way affect, determine, or prejudice any and all legal rights of any
employees of defendant not listed in Exhibit A of this Judgment, be they current or former
employees, to file any action against defendant under section 16(b) of the Act or likewise for any
current or former employee listed on Exhibit A of this Judgment to file any action against
defendant under section 16(b) of the Act for any violations alleged to have occurred after

September 01, 2013.
XII. Each party will bear its own fees and other expenses incurred by such party in
connection with any stage of this proceeding.

SO ORDERED:
DATED:

~~lO\l~
Central Islip, NY

s/ Sandra J. Feuerstein
UNITED STATES 'DISTRICT JUDGE

Defendants have appeared by counsel and
consent to the entry of this
Contempt Consent Judgment.
WSTBCORP.
d.b.a KASHI SUSHI LOUNGE
BY:

IN aka SKY LIN, individually and as President

/~
D0UgJaSR;,

Esq.
Certilman Balin Adler & Hyman, LLP
90 Merrick Ave, 9th Floor
East Meadow, New York I 1554
Attorneys for Defendants

7

'

.

STATE OF NEW YORK

)
:SS:

COUNTY OF NASSAU

)

On the

30

day of December 2013 before me personally appeared XIANG LIN aka

SKY LIN to me known and known to me to be the individual described in and who executed the
foregoing instrument and he duly acknowledged to me that he executed the same.

R

EXHIBIT A
WSTBCORP.
d.b.a. KASHI SUSHI LOUNGE
CASE ID 1708100
First Nams

Name

.b!!1

Back~aKe!

Pa-Jyd~~:men!

HAO
KOFUNG
ANOIAO
BAOLI
CHUCHU
CHUNHUO
CHUNYAN
EN
GUOFENG
HUANG
ME! XING
WENQI
WENQJN
XI JUAN
XIAOHONG
YANLIANG
YELEI
Zl YING
QIANG
CHENGHAO
TIANZHU
RUI JIN
SCOTT
YOUHUA
DADONG
FE
JIA WEN
LINGPENG
SHAOJUN

CAO
CHAN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
CHEN
DONG
GAO
GAO
HE
HE
HUANG
JIANG
JIANG
JIANG
JIANG
JIANG

Due
$120.00
$686.07
$73.51
$851.11
$53.39
$835.85
$190.69
$245.D3
$1,179.09
$1,680.00
$98.01
$1,680.00
$228.83
$600.00
$167.81
$60.00
$147.02
$196.02
$196.02 .
$416.54
$144.92
$144.92
$392.04
$129.67
$392.04
$780.00
$106.79
$900.00
$5,160.00

Interest Due
$10.04
$57.39
$6.15
$71.20
$4.47
$69.92
$15.95
$20.50
$98.64
$140.54
$8.20
$140.54
$19.14
$50.19
$14.04
$5.02
$12.30
$16.40
$16.40
$34.85
$12.12
$12.12
$32.80
$10.85
$32.80
$65.25
$8.93
$75.29
$431.66

EXHIBIT A
Q

Post-judgment D!e

Totals

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$130.04
$743.46
$79.66
$922.31
$57.86
$905.77
$206.64
$265.53
$1,277.73
$1,820.54
$106.21
$1,820.54
$247.97
$650.19
$181.85
$65.02
$159.32
$212.42
$212.42
$451.39
$157.04
$157.04
$424.84
$140.52
$424.84
$845.25
$115.72
$975.29
$5,591.66

EXHIDITA
WSTBCORP.
d.b.a. KASHI SUSHI LOUNGE
CASE ID 1708100
First Name

Last Name

HUI
WENXIANG
!IAN
MEl
PING
XIAOYING
CUI
HUIYE
MAOQING
QIN
QUNFANG
RU
WEI
XIANG
XING

JING
KE
LI
LI
Ll

xu
YAN
YAN HUA
Yl LlAN
YU

YUANJING
ZHEN
DEJING
LING QING
JlNG

XIAOFENG
XINGYONG
YUAN MIN
CHENGZHI
JIAZENG

BackWggs
Due

Pre-Jy!IJ:ment
Interest Due

Back ~!ur:e!loterest
Due

I2l!!l1

$183.06

$15.31

$0.00

$198.37

$1,980.00

$165.64

$325.69

$27.25

$0.00
$0.00

$2 145.64
$352.94

$160.18

$13.40

$0.00

$173.58

$129.67

$10.85

$0.00

$140.52

LI

$120.00

$10.o4

$0.00

LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LIN
LJU
Nl
REN
REN
REN
REN
SHI
TANG

$919.76
$245.Q3

$76.94
$20.50

$130.04
$996.70

$91.53

$0.00
$0.00
$0.00

$265.53
$99.19

$451.44

$7.66
$37.77

$1,093.57

$91.48

$0.32
$0.91

$1,185.96

$259.34

$21.70

$0.22

$281.26

$61.02

$0.05

$3,840.00

$5.10
$321.24

$6.21

$66.17
$4,167.45

$1,980.00

$165.64

$5.05

$2,150.69
$202.50

$53.39

$15.58
$4.47

$0.62
$0.18

$58.04

$22.88
$493.02

$1.91
$41.24

$0.08
$1.64

$24.87
$535.90

$581.58

$48.65

$1.94

$632.17

$186.30

$489.53

$269.53

$22.55

$0.00

$292.08

$660.00

$55.21

$2.20

$717.41

$420.00

$35.14

$1.57

$190.69
$114.41

$15.95

$30.51

$9.57
$2.55

$0.79
$0.48
$0.13

$456.71
$207.43
$124.46
$33.19

$160.18

$13.40

$0.67

$122.04
$612.09

$10.21

$0.51

$51.20

$2.55

$1 320.00

$110.42

$5.70

EXHffiiTA
10

$174.25
$132.76
$665.84
$1,436.12

,.

.

EXHIBIT A
WSTBCORP.
d.b.a. KASID SUSHI LOUNGE
CASE ID 17081 00
Pre:J:ud~r:ment

Back Wages Interest
Du@-

Totals

$8.20

$0.49

$106.70

$196.02

$16.40

$0.98

$213.40

$360.00

$30.12

$1.80

$391.92

WANG

$1,680.00

$140.54

$8.46

$1 829.00

WENG

$1,130.09

$94.54

$6.59

$1,231.22

MANSZE

WONG

$64.26

$5.38

$0.37

$70.01

CHUNWANG

wu

$30.51

$2.55

$0.18

$33.24

JIAN JIN

YANG

$832.61

$69.65

$4.86

$907.12

$1.14

$213.56

First Name

Last Name

Back WaKes Dut

MEJOIN

TANG

$98.01

JIANGUO

WANG

MIN

WANG

YAOWANG
CHEN WEI

Interest Due

KENNY

YANG

$196.02

$16.40

XIAOOING

YANG

$367.54

$30.75

$2.44

$400.73

SEAN DEMING

YE

$98.01

$820

$0.65

$106.86

MINGO!

YOU

$779.22

$65.19

$5,19

$849.60

MEl JJNG

ZHANG

$60.00

$5.02

$0.40

$65.42

YAYUN

ZHANG

$480.00

$40.15

$3.20

$523.35

YANOING

ZHANG

$38.14

$3.19

$0.25

$41.58

JIANWEN

ZHENG

$196.02

$16.40

$1.31

$213.73

JINFENG

ZHENG

$612.56

$5124

$4.19

$667.99

SHENG XI

ZHENG

$1,260.00

$105.41

$9.45

$1,374.86

YIWU

ZHENG

$960.00

$80.31

$7.20

$1,047.51

ZENG BIAO

ZHENG

$480.00

$40.15

$3.94

$524.09

YI

ZHUANG

$960.00

$80.31

$8.00

$1,048.31

LINGYAN

ZHUO

$53.39

$4.47

$0.44

$58.30

WENXIU

ZHUO

$900.00

$7529

$7,50

$982.79

YAN

ZHUO

$!22.D4

$1021

$1.02

$!3327

Totals

.

$3,9ll.34

$111.87

$50,920.93

$46,886.72

EXHIBIT A
11

>

•

EXHIBITB
WSTBCORP.
d.b.a. KASHI SUSHI LOUNGE
CASE lD 1708100

Payment Schedule
:No.

•oown

ate Due

114-

1. ~

15.2014
l3 15, 114_
114

,.

Total

:Due
1.99

$2•

!,66:!.42
~

6•
7•

s•

1/ll/2__(114
14

9*

10*
Back Waees

_JJ/

i75.
$2. ;so.
$2. i77.08

• Total

1**

z••

1**

15/20
1/15/2015
115/20' 5
[1512~ 5

14* 0

IS**
16**
17**
18*'

7
701 7
701 7

01 ~~7-5--~----~~7(~)1~----~
0' 15120' 5
>2,7(1), '7
o: ,,no
o2,7111. '7
0' 1151201
,71
7
]' IJ~T.!O
,71
7
It:
,71
!11
.701 1]

19**
l**

••

,..
!••

/1 5f.

,701 77

6**
7*

29**

061
071
08
'2016
(
16
1U /2016

t••

..

1**

,

11.

.••
Civil Money

)I

)1,

rs,

:ot6

12/LS, !016
01115, 17

,701 77
.701.77
,701.77
,701.77
01.77
01.77
01.

01
01

01.77
01
01

.

, Total

Grlnll Total

$121.1 16.Q3

*Back Wa2es
•civil Money

EXHIBITB
1?.