Perez v. Millenium Chicken II Corp. et al

Filing 5

CONSENT JUDGMENT in favor of Thomas E. Perez against Millenium Chicken II Corp., Juan Borbon. Defts shall pay liquidated damages in the amount of $16,687.21 ($16,320.00 In liquidated damages, plus $367.21 In Interest) due certain emp loyees set forth in Exhibit A. Payment of this amount will be made in the total amount by April 07, 2016 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 p ayable to "Wage and Hour Division - Labor" with "Case No. 1704729" written on the face of each check. Defts MILLENIUM CHICKEN II CORP. d.b.a. MILLENIUM CHICKEN II and JUAN BORBON, individually and as President,, are enjoined and r estrained from withholding the payment of a total of $16,444.69 ($16,320.00 In overtime compensation, plus $124.69 In Interest) due certain employees set forth in Exhibit B. Payment of this amount will be made in the total amount by Se ptember 07, 2017 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. 1704729" written on the face of each check. Defts shall pay civil money penalties in the amount $1,586.20 ($1,540.00 In civil money penalties, plus $46.20 In interest) no later than October 07, 2017. Payment shall be made by separate cashier o r certified check[s] made payable to "Wage and Hour Division - Labor" with "Civil Money Penalty- FLSA Case No. 1704729" written on the race or the check for $1,586.20. 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 12/1/2014. (Florio, Lisa)

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

*
UNITED STATES DISTRICT COURT FOR

THE EASTERN DISTRICT OF NEW YORK
THOMAS E. PEREZ, Secretary of Labor,
United States Department of Labor,

U£C 0 1 Z014

*

lONG ISLAND OFFICE
Civil Action File
No.

1"/-C-'l' b7Tf

Plaintiff;

v.

CONSENT JUDGMENT

MILLENIUM CHICKEN II CORP., a Corporation
d.b.a. MILLENIUM CffiCKEN II; and
JUAN BORBON, Individually and
as President

S:fFI Af<.L

Defendants

Plaintiff; the Secretary of Labor, has filed his Complaint and defendants MILLENIUM
CHICKEN II CORP. d.b.a. MILLENIUM CHICKEN II and JUAN BORBON, 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 MILLENIUM CHICKEN II CORP. d.b.a. MILLENIUM CHICKEN II and
JUAN BORBON, 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, 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 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 $16,687.21 ($16,320.00 In
Uquidated damages, plus $367.21 In Interest) due certain employees set forth in Exhibit A.
Payment of this amount will be made in the total amount by AprD 07, 2016 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" wltb "Case No. 1704729" written on the face of each cheek.

2

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: Francisco Marchan, Assistant Director
III. Defendants MILLENIUM CHICKEN II CORP. d.b.a. MILLENIUM CHICKEN II
and JUAN BORBON, individually and as President, , are enjoined and restrained from
withholding the payment of a total of $16,444.69 ($16,320.00 In overtime compensation, plus
$124.69 In Interest) due certain employees set forth in Exhibit B. Payment of this amount will
be made in the total amount by September 07, 2017 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. 1704729" written on the face of each cheek.
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
Phlladelphia, PA 19106-3317

3

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: Francisco Marchan, 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 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
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 Liqnidated 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 of the defendants' employees and former employees to be paid under this judgment.
VII. Defendants shall pay civil money penalties in the amount $1,586.20 ($1,540.00 In
civil money penaldes, plus $46.20 In interest) no later than October 07, 2017. 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. 1704729" written on the race or the
check for $1,586.20. Payment of this amount will be made in accordance with the amount and
due date set forth in Exhibit C.

4

The certified check[s] sball be sent to:

U.S. Department of Labor/Wage Hour Division
The Curtis Center, Suite 850 West
170 S.Independenee Mall West
Pblladelpbla, PA 19106-3317

On or before October 07, 2017, defendants shall send a copy of the check to Francisco
Marchan, Assistant Director as set forth in paragraph II above.
VIII. If the defendants fail to make an installment payment on Exhibits C witbout making
up the arrearage within two weeks after written notice to defendants, the remaining 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 minimwn 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
16(b) of the Act for any violations alleged to have occurred after January 01, 2014.

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:

Decerobe cAv~OI~

s/ Sandra J. Feuerstein

Central Islip,

UNITED STATES DISTRICT JUDGE

Defendants have appeared by counsel and
Consent to the entry of this Judgment.
MILLENIUM CHICKEN II CORP.
d.b.a. MILLENIUM CHICKEN II
BY:

~~~
iiSil.

Jeffery A. Meyer,
Kaufinan Dolowich & Voluck, LLP
135 Crossways Park Drive, Suite 201
Woodbury, NY 11797
Attorneys for the Defendants

6

STATE OF NEW YORK

)
: SS:

COUNTY OF NASSAU

)

On the

d0

{t;
day of October 2014 before me personally appeared JUAN BORBON 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.

:G&f

NOTARY PUBLIC

TONY JOSEPH
Notary Public, State of New Ybrk
No. 01J06171935
Qualified in Queens County ~ 1 \ CommiSSion Expires July 30, -

7

EXHIBIT A
MILLENIVM CHICKEN II CORP.
d.b.a. MILLENIVM CHICKEN U
CASE ID #1704729
F1rstName
JAIME
ULYSIS
DANJEL
DIMAS
WILSON
Totals

Last Name
PORTILLO
TORRES ·
REYES
REYES PINTO
PlNTO

-

1 Jnnldated Damalles
$5,700.00
$1 920.00
$960.00
$5 700.00
$2 040.00
$16,320.00

EXHIBIT A
8

Interest
$145.15
$31.09
$21.49
$110.27
$59.21
$367.21

TqtU
$5,845.15
$1,951.09
$981.49
$5,810.27
$2,099.21
$16,687.21

EXBIBITB
MILLENIUM CHICKEN II CORP.
d.b.a. MILLENIUM CHICKEN II
CASE ID#1704729

FintName
JAIME

ULYSIS
DANIEL
DIMAS
WILSON
Totals

Last Name
PORTILLO
TORRES
REYES
REYES PINTO
PINTO

-

Back

:Due
$5,700.00
$1,920.00
$960.00
$5 700.00
$2,040.00
$16.320.00

EXBIBITB
9

Total
$43.75
$14.15
$7.38
$43.75
$15.66
$124.69

$5 743.75
$1 934.15
$967.38
$5.743.75
$2 055.66
SIM.W.69

EXHIBITC
MILLENIUM CIDCKEN ll CORP.
d.b.a. MILLENIUM CIDCKEN ll
CASE ID #1704729

Payment Schedule
tNo.

Date Due

Total

A.

I*

11/07/2014

$946.63

2*

12/07/2014

$946.63

3*

01107/2015

$946.63

4*

02/07/2015

$946.63

5*

03/07/2015

$946.63

6•

04/07/2015

$946.63

7*

05/07/2015

$946.63

s•

06/07/2015

$946.63

9•

07/07/2015

$946.63

10*

08/07/2015

$946.63

11*

09/07/2015

$946.63

12*

10/07/2015

$946.63

13°

11107/2015

$946.63

14'"

12/07/2015

$946.63

15*

01/07/2016

$946.63

16*

02/07/2016

$946.63

17*

03/07/2016

$946.63

18*

04/07/2016

$594.50

ts••

04/07/2016

$352.13

EXHIBIT C
10

iDue

EXHIBITC
MILLENIUM CWCKEN U CORP.
d.b.a. MILLENIUM CWCKEN U
CASE ID #1704729

Pavment Schedule
Pavment

Date Due

Total Amount Due

19**

05/07/2016

$946.63

20..

06/07/2016

$946.63

21**

07/07/2016

$946.63

22**

08/07/2016

$946.63

23**

09/07/2016

$946.63

24**

10/07/2016

$946.63

25**

11/07/2016

$946.63

26**

12/07/2016

$946.63

27•*

01107/2017

$946.63

28 ..

02/07/2017

$946.63

29**

03/07/2017

$946.63

30**

04/07/2017

$946.63

31**

05/07/2017

$946.63

32**

06/07/2017

$946.63

33 ..

07/07/2017

$946.63

34**

08/07/2017

$946.63

35 ..

09/07/2017

$946.48

Totals

-

$33,131.90

36***

10/07/2017

$1,586.20

Grand Total

-

$34,718.10

*Liquidated Dama11es Payments
**Back Walles Payments
***Civll Money Penalty Payment

EXIDBITC
II