Harris v. Bob 1232 Jericho Corp. et al

Filing 5

CONSENT JUDGMENT in favor of Seth D. Harris against Bob 1232 Jericho Corp., Robert Montgomery. Defts BOB 1232 JERICHO CORP. d.b.a. DIX HILLS BRUSHLESS CAR WASH and ROBERT MONTGOMERY, individually and as President, are enjoined andrestrained from wi thholding the payment of a total of $43,270.63 ($28,310.37 in overtime compensation, $251.10 In minimum wage compensation, plus $428.42 in Interest, plus $14,280.74 in liquldated damages) due certain employees set forth in Ex hibit A. Payment of this amount will be made in the total amount by May 1, 2015 which is in accordance with the amounts due and date set forth in Exhibit B. Defts shall pay civil money penalties in the amount $5,969.04 ($5,852.00 in civil m oney penalties plus $117.04 in interest) no later than June 1, 2015. Payment 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. 164530 1" written on the face of the check for $5,969.04. Payment of this amount will be made in accordance with the amount and due date set forth in Exhibit B. See judgment for further details. Ordered by Judge Sandra J. Feuerstein on 6/12/2013. (Florio, Lisa)

Case 2:13-cv-03210-SJF-WDW Document 4 Filed 06/11113 Page 1 of 8 PageiD #: 12

UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF NEW YORK
SETH D. HARRIS, Acting Secretary of Labor,
United States Department of Labor,
Plaintiff,

v.
BOB 1232 JERICHO CORP.,
a Corporation
d.b.a. DIX HILLS BRUSHLESS CAR WASH; and
ROBERT MONTGOMERY, Individually
and as President

Civil Action File

t 3-cV-.!>2.to

No. s..:r~
CONSENT JUDGMENT

oJDw

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

*

JUN 1 2 2013

*

LONG ISLAND OFFICE
Defendants

Plaintiff, the Acting Secretary of Labor, has filed his Complaint and defendants BOB
1232 JERICHO CORP. d.b.a. DIX HILLS BRUSHLESS CAR WASH and ROBERT
MONTGOMERY, individually and as President, appeared by Counsel, 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 BOB 1232 JERICHO CORP. d.b.a. DIX HILLS BRUSHLESS CAR WASH
and ROBERT MONTGOMERY, individually and as President, appeared by Counsel,
acknowledge their responsibilities pursuant to this agreement, and acknowledge that they will be
subject to sanctions in contempt of this court if they fail 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 from violating the provisions of sections 6, 7, 11(c), 15(a)(2), and 15(a)(5) of the Fair

case 2:13-cv-03210-SJF-WDW Document 4 Filed 06/11/13 Page 2 of 8 PageiD #: 13

Labor Standards Act of 1938, as amended, (29 U.S.C. Section 201 et seq.), (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
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 under Section 6 of the 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, unless 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 them as
prescribed by the Regulations issued pursuant to Section 1\(c) of the Act and found at 29 CFR

Part516.
ll. Defendants BOB 1232 JERICHO CORP. d.b.a. DIX HILLS BRUSHLESS CAR
WASH and ROBERT MONTGOMERY, individually and as President, are enjoined and
restrained from withholding the payment of a total of $43,270.63 ($28,310.37 in overtime

compensation, $251.10 In minimum wage compensation, plus $428.42 in Interest, plus
$14,280.74 in Hquldated damages) due certain employees set forth in Exhibit A. Payment of
this amount will be made in the total amount by May 1, 2015 which is in accordance with the
amounts due and date set forth in Exhibit B.

2

case 2:13-cv-03210-SJF-WDW Document 4 Filed 06/11/13 Page 3 of 8 PageiD #: 14

All payments shall be in separate cashier or certified checks made payable to "Wage and
Hour Division - Labor" with "Case No. 1645301" written on the face of each check.
The checks shall be sent to:
U.S. Department of Labor/Wage & Hour Division
The Curtis Center, Suite 850, West
170 S. Independence MaD West
Philadelphia, PA 19106-3317
III. On or before the dates indicated on Exhibit B, defendants shall send a copy of each of
the checks to:
U.S. Department of Labor/Wage & Hour Division
1400 Old Country Road, Suite 410
Westbury, New York 11590-5119
Attn: Diane CaHan, Assistant Director
IV. 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.
V. 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 forthwith
deposit such money with the Treasurer of the United States pursuant to 28 U.S.C. §2041 and
§2042.
VI. 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.
VII. Defendants shall pay civil money penalties in the amount $5,969.04 ($5,852.00 in
civil money penalties plus $117.04 in interest) no later than June 1, 2015. Payment 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. 1645301" written on the face of the

3

Case 2:13-cv-03210-SJF-WDW Document 4 Filed 06/11113 Page 4 of 8 PageiD #: 15

check for $5,969.04. Payment of this amount will be made in accordance with the amount and
due date 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
Pbiladelpbla, PA 19106-3317
On or before June I, 2015, defendants shall send a copy of the check to Diane Callan,
Assistant Director as set forth in paragraph III above.
VIII. 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.
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 inform their employees within thirty (30) days of the entry of Judgment on a workday.
XI. 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

4

Case 2:13-cv-03210-SJF-WDW Document 4 Filed 06/11/13 Page 5 of 8 PageiD #: 16

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 July 7, 2012.
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:

G/t~(l3
Central Islip, NY

s/ Sandra J. Feuerstein

~!TED STAT£i?DJSTRICT JUDGE

Defendants have appeared by counsel and
Consent to the entry of this Judgment.
BOB 1232 JERICHO CORP.
d.b.a. DIX HILLS BRUSHLESS CAR WASH
BY:

J es L. Rohrig, Esq.
I 07 Lake Ave.
Tuckahoe, NY I 0707

Attorney for Defendants

5

Case 2:13-cv-03210-SJF-WDW Document 4 Filed 06/11/13 Page 6 of 8 PageiD #: 17

STATEOFNEWYORK

)
: SS:

COUNTY OF NASSAU

)

On the

day of May 2013 before me personally appeared ROBERT

MONTGOMERY 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.

JAMES L. ROHRIG
Notary Public, State ot New York
No.41-4809647

Qualijiad In Rocklend County , o/
Commission Explree August31, ~o!J_,

6

'
case 2:13-cv-03210-SJF-WDW Document 4 Filed 06/11/13 Page 7 of 8 PageiD #: 18

EXHIBIT A
BOB 1232 JERICHO CORP.
d.b.a. DlX HILLS BRUSHLESS CAR WASH
CASE ID 1645301
LAST NAME
ALFARO

BWS
DUE

JOSE

H.

Liguidated
Dama~>es

!l!!l!!!

$744.15

FIRST NAME

$372.08

$1,116.23

ALVARADO

SANTOS

$1,437.48

$718.74

$2,156.22

APARICIO

JORGE

$1,376.40

$688.20

$2,064.60

CALZADA

CARLOS

$863.94

$431.97

$1,295.91

CHAVEZ

FERMINE

$1,677.06

$838.53

$2,515.59

DEJESUS

GUILLERMO

$1,677.06

$838.53

$2,515.59

DOE

DIEGO

$1,677.06

$838.53

$2,515.59

FUENTES

HEMBER

$1,677.06

$838.53

$2,515.59

GONZALEZ

MARIO

$1,677.06

$838.53

$2,515.59

HUMBERTO

JOSE

$1,677.06

$838.53

$2,515.59

MENDOZA

DILVER

$1,212.42

$606.21

$1,818.63

MOLINA

GUSTAVO

$1,677.06

$838.53

$2,515.59

MOREJON

EDWIN

$1,677.06

$838.53

$2,515.59

MORENO

MOISES

$1,677.06

$838.53

$2,515.59

PAZ

FREDDY G.

$1,677.06

$838.53

$2,515.59

PINEDA

MARVIN

$1,125.30

$562.65

$1,687.95

VELASQUEZ

FELIX

$1,677.06

$838.53

$2,515.59

ZALAYA

JOHNNY

$1,677.06

$838.53

$2,515.59

ZELAYA

TONI

$1,677.06

$838.53

$2,515.59

TOTALS

-

$28,561.47

$14,280.74

$42,842.21

EXHIBIT A
7

Case 2:13-cv-03210-SJF-WDW Document 4 Filed 06/11/13 Page 8 of 8 PageiD #: 19

EXHIBITB
BOB 1232 JERICHO CORP.
d.b.a. DIX HILLS BRUSHLESS CAR WASH
CASE ID 1645301
~

AMOUNT DUE

INTEREST DUE

TOTAL DUE

I

DUE
07/01/2013

$1,862.70

$2.73

$1,865.43

2

08/01/2013

$1,862.70

$4.61

$1,867.31

3
4
5
6

09/01/2013

$1,862.70

$4.58

$1,867.28

10/01/2013
11/01/2013
12/01/2013

$1,862.70
$1,862.70
$1,862.70

$9.26
$11.89
$1.96

$1,871.96

7

01/01/2014

$1,862.70

$15.08

$1,877.78

8
9

02/01/2014

$1,862.70

$17.72

$1,880.42

03/01/2014

$1,862.70

$20.36

$1,883.06

10

04/01/2014

$1,862.70

$2.04

$1,864.74

II
12

05/01/2014
06/01/2014
07/01/2014

$1,862.70
$1,862.70
$1,862.70

$23.55

$1,886.25

$19.22
$28.24

$1,881.92
$1,890.94

08/01/2014

$1,862.70

$30.89

$1,893.59

15

09/01/2014

$1,862.70

$2.08

$1,864.78

16

10/01/2014
11/01/2014

$1,862.70
$1,862.70

$34.07

$1,896.77

$36.71

$1,899.41

12/01/2014

$1.62

$1,864.32

01/01/2015

$1,862.70
$1,862.70

$66.63

$1,929.33

20

02/01/2015

$1,862.70

$2.02

$1,864.72

21
22

03/01/2015

$1,862.70

$44.48

$1,907.18

04/01/2015
05/01/2015

$1,862.70

$47.13

$1,909.83

$1,862.81

$1.55

$1,864.36

$42,842.21
$5,852.00

$428.42
$117.04

$43,270.63
$5,969.04

Pa:~:ment

No.

13
14

17
18
19

23
Totals:
24*

06/01/2015

EXHIBITB

8

$1,874.59
$1,864.66