Harris v. Rollin Dairy Corp. et al

Filing 5

CONSENT JUDGMENT: SO ORDERED defts shall pay liquidated damages in the amount of $94,496.49 ($93,529.93 in liquidated damages, plus $966.56 in interest) due certain employees set forth in Exhibit A. Payment of this amount will be made in the total amount by September 29, 2013 which is in accordance with the amounts due and date set forth in Exhibit C. Defts ROLLIN DAIRY CORP. d.b.a. ROLLIN DAIRY and ROLLIN GIANELLA, individually and as President, and MIGUEL MONGE, individually and as Vice-President, individually and as Secretary, are enjoined and restrained from withholding the payment of a total of $187,615.36 ($187,059.75 in overtime compensation, plus $555.61 in interest) due certain employees set forth in E xhibit B. Payment of this amount will be made in the total amount by April 29, 2014 which is in accordance with the amounts due and dates set forth in Exhibit B. Defts shall pay civil money penalties in the amount $6,843.76 ($6,776.00 in ci vil money penalties, plus $67.76 in interest) no later than May 29, 2014. 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. 1644783" written on the face of the check for $6,843. 76. Payment of this amount will be made in accordance with the amount and due date set forth in Exhibit C. Ordered by Judge Sandra J. Feuerstein on 7/10/2013. (Florio, Lisa)

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 1 of 11 PageiD #: 11

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.
ROLLIN DAIRY CORP., a Corporation
d.b.a. ROLLIN DAIRY; and
ROLLIN GIANELLA Individually
and as President; and
MIGUEL MONGE, Individually
and as Vice President

Civil Action File

t1

t3-C.V-373r
5.::ft== I W 0 ~

No.
CONSENT JUDGMENT

FILED

us

*

IN CLERK'S OFFICE
DISTRICT COURT E D N Y

JLJL 1 0 2013

*

LONG 1::-'./\HJ OFFICL
Defendants

Plaintiff, the Acting Secretary of Labor, has filed his Complaint and defendants ROLLIN
DAIRY CORP. d.b.a. ROLLIN DAIRY and ROLLIN GIANELLA, individually and as
President, and MIGUEL MONGE, individually and as Vice-President, 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 ROLLIN DAIRY CORP. d.b.a. ROLLIN DAIRY and ROLLIN GIANELLA,
individually and as President, and MIGUEL MONGE, individually and as Vice-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

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13

Page 2 of 11 Page!D #: 12

restrained from violating the provisions of sections 6, 7, ll(c), 15(a)(2), and 15(a)(5) of the Fair
Labor SJandards 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 ll(c) of the Act and found at 29 CFR

Part 516.
II. Defendants shall pay liquidated damages in the amount of $94,496.49 ($93,529.93 in
liquidated damages, plus $966.56 in interest) due certain employees set forth in Exhibit A.
Payment of this amount will be made in the total amount by September 29, 2013 which is in
accordance with the amounts due and date set forth in Exhibit C.
All payments shall be in separate cashier or certified checks made payable to "Wage and
Hour Division -Labor" with "Case No. 1644783" written on the face of each cheek.

2

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13

Page 3 of 11 PageiD #: 13

The checks 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
On or before the dates indicated on Exhibit C, 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: Richard Mormile, Assistant Director
Ill. Defendants ROLLIN DAIRY CORP. d.b.a. ROLLIN DAIRY and ROLLIN

GIANELLA, individually and as President, and MIGUEL MONGE, individually and as VicePresident, individually and as Secretary, are enjoined and restrained from withholding the
payment of a total of $187,615.36 ($187,059.75 in overtime compensation, plus $555.61 in
interest) due certain employees set forth in Exhibit B. Payment of this amount will be made in
the total amount by April 29, 2014 which is in accordance with the amounts due and dates set
forth in Exhibit B.
All payments shall be in separate cashier or certified checks made payable to "Wage and
Hour Division -Labor" with "Case No. 1644783" 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 Mall West
Philadelphia, PA 19106-3317

3

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 4 of 11 PageiD #: 14

On or before the dates indicated on Exhibit C, 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: Richard Mormile, 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, liquidated damages, or interest
under this Judgment.
V. The plaintiff shall deliver the proceeds of each check Jess any legal deductions to the
employees named on Exhibits A and B. 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 $6,843.76 ($6,776.00 in
civil money penalties, plus $67.76 in interest) no later than May 29, 2014. 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. 1644783" written on the face of the
check for $6,843. 76. Payment of this amount will be made in accordance with the amount and
due date set forth in Exhibit C.

4

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 5 of 11 PageiD #: 15

The certified check[ sJ shall be sent to:
U.S. Department of Labor/Wage Hour Division
Tbe Curtis Center, Suite 850 West
170 S. Independence Mall West
Pbiladelpbia, PA 19106-3317

On or before May 29, 2014, defendants shall send a copy of the check to Richard
Mormile, Assistant Director as set forth in paragraph II above.
VIII. If the defendants fail to make an installment payment on Exhibit C without making
up the arrearage within two weeks after written notice to defendants, the entire balance of 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
employee listed on Exhibit A of this Judgment to file any action against defendant under section
!6(b) of the Act for any violations alleged to have occurred after June 23, 2012.

5

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 6 of 11 PageiD #: 16

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:

1-1\o \\7

s/ Sandra J. Feuerstein

Central Islip, NY

~ITED STATii"'oiSTRICT JUDGE

Defendants have appeared by counsel and
Consent to the entry of this Judgment.
ROLLIN DAIRY CORP ..
d.b.a. ROLLIN DAIR:~----

BY:

Jackson Lewis LLP
58 South Service Road- Suite 410
Melville, NY 11747
Attorneys for Defendants

6

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 7 of 11 Page!D #: 17

STATE OF NEW YORK

)
: SS:

COUNTY OF SUFFOLK

)

On the

/M

day of June 2013 before me personally appeared ROLLIN GIANELLA 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.

AMALIA C. DUENAS
Notary Public - State of New York
No. 01 DU6227539
.
Qualified in Suffolk County
, /_
My Commiaalon Expires August 30,

~av.ARYPUBlic

20q

7

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 8 of 11 PageiD #: 18

STATEOFNEWYORK

)
: SS:

COUNTY OF SUFFOLK

)

On the

f ol/, day of June 2013 before me personally appeared MIGUEL MONGE 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.

AMALIA 0. OUENAS

NOTARYPUBLIC

Notaty Public - Stale of New York
No. 01 DU6227539
Qualified In Suffolk Counly . 11L
My Coi!UT)isslon Expires August 30, 20-J+

8

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 9 of 11 Page!D #: 19

EXHIBIT A
ROLLIN DAIRY CORP
d.b.a. Rollin Dairy
CASE ID 1644783

Cruz

Jacobo

Liquidated
Damages
$3,463.41

Duque

Alvaro

$4,195.52

$43.36

$4,238.88

Figueroa

Ramon

$59.50

$0.61

$60.11

Garcia

Carlos

$4,001.05

$41.34

$4,042.39

Goldberg

Gerardo

$6,630.15

$68.52

$6,698.67

Hernandez

Manuel

$5,664.68

$58.55

$5,723.23

Hernandez

Oscar

$777.50

$8.03

$785.53

Herrera

Juan

$6,718.04

$69.43

$6,787.47

Maldonado

Modesto

$6,137.57

$63.42

$6,200.99

Maldonado

Nelson

$7,182.93

$74.24

$7,257.17

Marroquin

Pedro

$5,793.56

$59.86

$5,853.42

Nunez

Marvin

$1,132.06

$11.70

$1,143.76

Ramos

Marvin

$6,703.63

$69.28

$6,772.91

Recinos

Carlos

$6,263.58

$64.73

$6,328.31

Rios

Jorge

$2,565.18

$26.50

$2,591.68

Rodney

Singleton

$1,129.88

$11.68

$1,141.56

Rodriguez

Jose

$3,857.37

$39.86

$3,897.23

Turcios

Hector

$5,957.64

$61.57

$6,019.21

Turcios

Jose

$5,869.84

$60.67

$5,930.51

Vargas

Michael

$2,061.74

$21.29

$2,083.03

Velasquez

Juan

$7,212.16

$74.53

$7,286.69

Velasquez

Joel

$152.94

$1.60

$154.54

$93,529.93

$966.56

$94,496.49

EELast

EE First

Totals

EXHIBIT A

9

Interest

Totals

$35.79

$3,499.20

Case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 10 of 11 PageiD #: 20

EXHIBITB
ROLLIN DAIRY CORP
d.b.a. Rollin Dairy
CASE ID 1644783
EE First

EELast

BackWages

Interest

Totals

Cruz

Jacobo

$6,926.82

$20.57

$6,947.39

Duque

Alvaro

$8,391.04

$24.93

$8,415.97

Figueroa

Ramon

$119.00

$0.35

$119.35

Garcia

Carlos

$8,002.10

$23.77

$8,025.87

Goldberg

Gerardo

$13,260.29

$39.38

$13,299.67

Hernandez

Manuel

$11,329.36

$33.65

$11,363.01

Hernandez

Oscar

$1,555.00

$4.62

$1,559.62

Herrera

Juan

$13,436.07

$39.91

$13,475.98

Maldonado

Modesto

$12,275.14

$36.46

$12,311.60

Maldonado

Nelson

$14,365.85

$42.68

$14,408.53

Marroquin

Pedro

$11,587.11

$34.41

$11,621.52

Nunez

Marvin

$2,264.11

$6.73

$2,270.84

Ramos

Marvin

$13,407.25

$39.82

$13,447.07

Recinos

Carlos

$12,527.16

$37.21

$12,564.37

Rios
Rodney
Rodriguez

Jorge
Singleton
Jose

$5,130.35
$2,259.75
$7,714.73

$15.24
$6.71
$22.91

$5,145.59
$2,266.46
$7,737.64

Turcios

Hector

$11,915.27

$35.39

$11,950.66

Turcios

Jose

$11,739.68

$34.87

$11,774.55

Vargas

Michael

$4,123.47

$1224

$4,135.71

Velasquez

Juan

$14,424.32

$42.84

$14,467.16

Velasquez

Joel

$305.88

$0.92

$306.80

$187,059.75

$555.61

$187,615.36

Totals

EXHIBITB

10

case 2:13-cv-03734-SJF-WDW Document 4 Filed 07/09/13 Page 11 of 11 PageiD #: 21

EXHIBITC
ROLLIN DAIRY CORP
d.b.a. Rollin Dairy
CASE ID 1644783

Payment Schedule
Pa:~:m£nt No.

Date Due

Amount Due

I*

05/29/2013

$23,275.50

Interest
Due
$233.82

2*

06/29/2013

$23,294.89

$214.43

$23,509.32

3*

07/29/2013

$23,314.30

$195.02

$23,509.32

4*

08/29/2013

$23,333.73

$175.59

$23,509.32

5*

09/29/2013

$311.51

$147.70

$459.21

5**

09/29/2013

$23,041.67

$8.44

$23,050.11

6**

10/29/2013

$23,372.64

$136.68

$23,509.32

7**

11/29/2013

$23,392.12

$11720

$23,509.32

8**

12/29/2013

$23,411.61

$97.71

$23,509.32

9**

01129/2014

$23,431.12

$78.20

$23,509.32

10**

02/28/2014

$23,450.64

$58.68

$23,509.32

II**

03/29/2014

$23,470.19

$39.13

$23,509.32

12**

04/29/2014

$23,489.76

$19.57

$23,509.33

$280,589.68

$1,522.17

$282, Ill. 85

$6,776.00

$67.76

$6,843.76

Sub-Total

13***

05/29/2014

Total Amount Due

$23,509.32

$288,955.61

Grand Total
*Liquidated
Damages
Payments
**BackWage
Payments
***Civil Money
Penalties Payment

EXHIBITC

II