Perez v. Rubby Hone Inc. et al

Filing 5

CONSENT JUDGMENT in favor of Thomas E. Perez against Rubby Hone Inc., Rubby Hernandez. Defts shall pay liquidated damages in the amount of $33,308.'16 ($33,129.00 in liquidated damages, plus $179.46 in interest) due certain empl oyees set forth in Exhibit A. Payment of this amount will be made in the total amount by September 13, 2014 which is in accordance with the amounts due and date set forth in Exhibit C. Defts RUBBY HONE, INC. d.b.a. RUBBY HONE and RUBBY HERNANDEZ, ind ividually and as President, are enjoined and restrained from withholding the payment of a total of $66,616.89 ($66,258.00 in overtime compensation, plus $358.89 in interest) due certain employees set forth in Exhibit B. Payment of this amount will be made in the total amount by September 13, 2014 which is in accordance with the amounts due and dates set forth in Exhibit C. Defts shall pay civil money penalties in the amount $5,288.36 ($5,236.00 in civil money penalties, plus $52.36 in interest) no later than October 13, 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. 1657681" written on the face of the check for $5,288.36. 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 11/14/2013. (Florio, Lisa)

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UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF NEW YORK

............ ~----·--·-----··------------·--·----·-----------·----·-·--------TIIOMAS E. PEREZ, Secretary of Labor,
United States Department of Labor,
Plaintiff,
y,

Civil Action File
No.

. ,1

13-C...V -~ i~p
S .:! F, (J.f D uJ

CONSENT JUDGMENT

ROBBY HONE, INC., a Corporation
d.b.a. ROBBY HONE; and
ROBBY HERNANDEZ Individually
and as President;
Defendants

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

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llJ'i 1 4 2013

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LONG ISU\ND OFFICE

Plaintiff; the Secretary of Labor, has filed his Complaint and defendants RUBBY HONE,
INC. d.b.a. ROBBY HONE and RUBBY HERNANDEZ, individually and as 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 ROBBY HONE, INC. d.b.a. ROBBY HONE and RUBBY HERNANDEZ.
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 !o 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 defendant'' behalf and interest be, and they hereby are, permanently enjoined and
restrained from violating the provisions of sections 6, 7, II (c), 15(a)(2), and !5(a)(5) of the Fair
Labor Standards Act of 1938, as amended, (29 U.S.C. Section 201 et seq.), (the Act), in any of

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the following manners:
(1) Defc:ndants 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 oftheir 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 II (c) of the Act and found at 29 CFR

Part 516.
II. Defendants shall pay liquidated damages in the amount of $33,308.'16 ($33,129.00 in
liquidated damages, plus $179.46 in interest) due certain employees set forth in Exhibit A.
Payment of this amount will be made in the total amount by September 13, 2014 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. 1657681" written on the face of each check.
The checks shall be sent to:
U.S. Department of Labor/Wage & Hour Division
The Cu1tis Center, Suite 850, West
!70S. Independence Mall West
Philadelphia, PA 19106-3317
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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

III. Dt:fendants

RUBBY HONE, INC. d.b.a. RUBBY HONE and RUBBY

HERNANDEZ, individually and as President, are enjoined and restrained from withholding the
payment of a total of $66,616.89 ($66,258.00 in overtime compensation, plus $358.89 in
interest) due certain employees set forth in Exhibit B. Payment of this amount will be made in
the total amount by September 13, 2014 which is in accordance with the amounts due and dates
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. 1657681" written on the face of each check.
The chec:ks shall be sent to:
U.S. Depat1ment of Labor/Wage & Hour Division
The Curtis Center, Suite 850, West
170 S. Independence Mall West
Philadelphia, P A 19106-3317
On or bdore 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 Ol:d 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 re:tum or refusal of any sums paid as back wages, liquidated damages, or interest
under this Judgment.

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V. The plaintiff shall deliver the proceeds of each check less 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. A Consolidated Payment Schedule for Liquidated Damages, Back Wages, and
Civil Money Penalties are found in Exhibit C.
VI. Defendants shall provide to plaintiff the social security numbers and last known
addresses ofthc defendants' employees and former employees to be paid under this judgment.
VII. Defendants shall pay civil money penalties in the amount $5,288.36 {$5,236.00 in
civil money penalties, plus $52.36 in interest) no later tban October 13, 2014. Payment shall
be made by separate cashier or certified check[s) made payable to "Wage and Hour Division •
Labor" with "Civil Money Penalty- lFLSA Case No. 1657681" written on the face of the
check for $5,288.36. Payment of this amount will be made in accordance with the amount and
due date set forth in Exhibit C.
The certified check[s) shall be sent to:
U.S. Department ofLaborfWage Honr Division
The Curtis Center, Suite 850 West
170 S. Independence Mall West
Philadelphia, PA 19106-3317
On or before October 13, 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 Exhibits C without making
up the arrearage within two weeks after written notice to defendants, the entire balance of shall
become due and payable immediately.
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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 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 tile
any action against defendant under section 16(b) of the Act or likewise for any current or fanner
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 November 25, 2012.
XII. Each party will bear its own fees and other expenses incurred by such party in
connection with any stage of this proceeding.

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SO ORDERED:
DATED:

1\1\4\ I~
Centra! Islip, NY

s/ Sandra J. Feuerstein
UNITED STATE&-6ISTR1CT JUDGE

Defendants have appeared by counsel and
Consent to the entry of this Judgment.

RUBBY HONE, INC.
d.b.a. RUBBY HONE
BY:

,.,.---

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~JI7anok2J
RUBBY HERNANDEZ, individually and as President

Attorneys for the Defendants

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STATE OF NEW YORK

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: SS:

COUNTY OF NASSAU

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y-1,\ of September 2013 before me personally appeared
day

2. 1)

On the..../C

RUB BY

HERNANDEZ 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.

GlEN~' J. FRANKLIN
I\IOTARY PUtiUC, State of New York
No. 30·4691376
.~aflfied In Nassau Count

CommiSSIOn Expires .Jan. 31.2JI

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JEXIDJEliT A
RUBBY HONE, INC.
d.b.a. Rubby Hone
CASE ID 1657681

EE Lalit
Alas Estrada

Liquidated
Damages
$2,249.99

EE First

-

Emesto

Interest

Totals

$6.87

$2,256.86

Alvarado Hernandez

Juan Jose

$2,924.99

$! 0.18

$2,935.17

Alvarenga

Santiago

$2,219.99

$8.28

$2,228.27

Espinoza Nunez

Elias
Juan

$1,859.99

$8.27

$1,868.26

Fenufino

$1,709.99

$7.60

$1,717.59

Gutierrez

Octaviano

$2,249.99

$1 1.1 I

$2,261.10

Herrera

William

$2,219.99

$11.16

$2,23l.l5

Lorenzo Andrade

Gustavo De Jesus

$2,249.99

$13.13

$2,263.12

Martinez

Elmer

$1,199.99

$3.67

$1,203.66

Mattinez

Marco Tulio

$1,199.99

$7.32

$1,207.31

Mattinez

Marvin

$1,!99.99

$7.00

$!,206.99

Pen a

Jose

$2,219.99

$14.18

$2,234.17

Ponchon

Ponciano De Jesus

$2,663.99

$18.12

$2,682.11

Rodriguez Escalante

Salvador

$2,249.99

$16.25

$2,26624

Vazquez

Henry

$1,409.99

$10.65

$1,420.64

Vazquez Alarcon

David Norberto

$1,079.99

$8.40

$1,088.39

Villegas

Reynaldo

$2,220.16

$17.27

$2,237.43

$33,129.00

$ 179.46

$33,308.46

Totals

JE:XlHmJBITT A

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EXJfUJBI'Jf lE
RUBBY HONE, INC.
d.b.a. Rubby Hone
CASE liD 1657681
EELa11t

EE First

Back Wages

Interest

Totals

Ernesto

$4,500.00

$13.75

$4,513.75

Alvarado Hernandez

Juan Jose

$5,850.00

$20.35

$5,870.35

Alvarenga

Santiago

$4,440.00

$16.55

$4,456.55

Espinoza Nun<:z

Elias

$3,720.00

$16.53

$3,736.53

Ferrufino

Juan

$3,420.00

$15.20

$3,435.20

Octaviano

$4,500.00

$22.21

$4,522.21

William

$4,440.00

$22.32

$4,462.32

Gustavo De Jesus

$4,500.00

$26.25

$4,526.25

Elmer

$2,400.00

$7.33

$2,407.33

Marco Tulio

$2,400.00

$14.65

$2,414.65

Marvin

$2,400.00

$14.00

$2,414.00

Jose

$4,440.00

$28.37

$4,468.37

Ponciano De Jesus

$5,328.00

$36.24

$5,364.24

Rodriguez Escalante

Salvador

$4,500.00

$32.50

$4,532.50

Vazquez
Vazquez Alarc.on
Villegas

Henry
David Norberto
Reyna! do

$2,820.00
$2,160.00
$4,440.00

$21.30
$16.80
$34.53

$2,841.30
$2,176.80
$4,474.53

$66,258.00

$ 358.88

$66,616.88

Alas Estrada

-

-

Gutierrez

Herrera
Lorenzo Andrade
Martinez
Martinez
Martinez
-

Pen a

Ponchon

-

-

Totals

EXlfUBliT lE

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1EXJHIJIJB.IT1f C
RUBBY HONE, INC.
d.b.a. Rubby Hone
CASE ID 1657681

Payment Schedule
Interest
Due
$21.48

Pa:rmentNo.

Date Uue

Amount Due

1*

10/13/2013

$8,282.25

2*

11/13/2013

$8,282.25

$44.16

$8,326.41

3*

12113/2013

$8,282.25

$75.27

$8,357.52

4*

01/13/2014

$8,272.62

$75.05

$8,347.67

01113/2014

$9.63

$0.09

$9.72

5**

02/13/2014

$8,282.25

$42.50

$8,324.75

6**

03/13/2014

$8,282.25

$18.52

$8,300.77

7**

04/13/2014

$8,282.25

$49.02

$8,331.27

8**

05/13/2014

$8,282.25

$21.82

$8,304.07

06/13/2014

$8,282.25

$46.62

$8,328.87

07113/2014

$8,282.25

$53.51

$8,335.76

08113/2014

$8,282.25

$44.90

$8,327.15

09/13/2014

$8,282.25

$45.40

$8,327.65

$99,387.00

$538.34

$99,925.34

$5,236.00

$52.36

$5,288.36

4**

9**
10**
11 ••
12**

-

-

-

Sub-1'otal
13*•~·

I 0/13/2014

Total Amount Due
$8,303.73

$105,213.70

Grand Total
*Liquidated
Damages
Pavments
**Back Wage
Pavments
***Civil Money
Penalty Pa'!::ment

IEXIDJ!UfC

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