Perez v. Lovin' Oven Catering of Suffolk, LLC et al

Filing 5

CONSENT JUDGMENT in favor of Thomas E. Perez against Lovin' Oven Catering of Suffolk, LLC, Gerard Scollan. Defts shall pay liquidated damages in the amount of $25,157.75 ($25,066.50 in liquidated damages, plus $91.25 in Interest ) due certain employees set forth in Exhibit A. Payment of this amount will be made in the total amount by January 12, 2015 which is in accordance with the amounts due and date set forth in Exhibit C. All payments shall be in separate cashier or cert ified checks made payable to "Wage and Hour Division -Labor" with "Case No. 1687295" written on the face of each check. LOVIN' OVEN CATERING OF SUFFOLK, LLC d.b.a. LAND'S END CATERING and GERARD SCOLLAN, individually and as A Member, are enjoined and restrained from withholding the payment of a total of $25,100.66 ($25,066.50 In overtime compensation, plus $34.16 In interest) due certain employees set forth in Exhibit B. Payment of this amount will be made in the total amount by March 12, 2015 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 &qu ot;Case No. 1687295" written on the face of each check. Defts shall pay civil money penalties in the amount $2,255.22 ($2,244.00 in civil money penalties, plus $11.22 in interest) no later than April 12, 2015. Payment shall be mad e by separate cashier or certified check[s] made payable to "Wage and Hour Division - Labor" with "Civil Money Penalty - FLSA Case No. 1687295" written on the face of the check for $2,255.22. 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 12/2/2014. (Florio, Lisa)

'

UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF NEW YORK

··----------------------------------------------------------------------

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

Civil Action File.
No.

llf -cv- 6Sff)
S..:lf' S ( '-

CONSENT JUDGMENT

LOVIN' OVEN CATERING OF SUFFOLK, LLC
a Limited Liability Company
d.b.a. LAND'S END CATERING; and
GERARD SCOLLAN, Individually and
as A Member
Defendants

FILED

us

*

IN CLERK'S OFFICE
DISTRICT COURT E 0 N y

tkC 0~ 2014

*

LONG ISL.t.r·:D OFrtCE

Plaintiff, the Secretary of Labor, has filed his Complaint and defendants LOVIN' OVEN
CATERING OF SUFFOLK, LLC d.b.a. LAND'S END CATERING and GERARD SCOLLAN,
individually and as A Member, 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.
LOVIN' OVEN CATERING OF SUFFOLK, LLC d.b.a. LAND'S END CATERING
and GERARD SCOLLAN, individually and as A Member, 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, !!(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

the following manners:
(1) 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 Jess than those wltich 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 worlced 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 11 (c) of the Act and found at 29 CFR
Part516.
11. Defendants shall pay liquidated damages in the amount of $25,157.75 ($25,066.50 in
liquidated damages, plus $91.25 in Interest) due certain employees set forth in Exhibit A.
Payment of this amount will be made in the total amount by January 12, 2015 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. 1687295" written on the face of each check.

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 March an, Assistant Director

Ill. LOVIN' OVEN CATERING OF SUFFOLK, LLC d.b.a. LAND'S END CATERING
and GERARD SCOLLAN, individually and as A Member, are enjoined and restrained from
withholding the payment of a total of $25,100.66 ($25,066.50 In overtime compensation, plus
$34.16 In interest) due certain employees set forth in Exhibit B. Payment of this amount will be
made in the total amount by March 12, 2015 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. 1687295" 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

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 ll590-5119
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 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 of the defendants' employees and former employees to be paid under this judgment.
VII. Defendants shall pay civil money penalties in the amount $2,255.22 ($2,244.00 in
civil money penalties, plus $11.22 in interest) no later than April 12, 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. 1687295" written on the face of the
check for $2,255.22. 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] 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 April 12, 2015, 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 without 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 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.
XJ. 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 February OJ, 2014.

5

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:

Duwlat,,...~,ilol*

s/ Sandra J. Feuerstein

Central Islip,

UNITED STATES'iSISTRICT JUDGE

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

ash, Esq.
Camp , Middleton, & McCormick, LLP
4175 eterans Memorial Highway, Suite 400
Ronkonkoma, NY 11779
Attorneys for the Defendants

6

STATE OF NEW YORK

)
: SS:

COUNTY OF SUFFOLK

)

On the

!fJ"' -4. lat..- &

day of 09teller 2014 before me personally appeared GERARD

SCOLLAN 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.

7

EXHIBIT A
LOVIN' OVEN CATERING OF SUFFOLK, LLC
d.b.a. LAND'S END CATERING
CASE ID #1687295
First Name
ANGEL
FRANCISCO
NELSON
OSCAR
HERNAN
LELIS
Totals

Liauidated Dama11.es
Last Name
$3,672.00
MALDONADO
$5,304.00
MALDONADO
PAZ
$2,800.00
RIVERA
$4,080.00
$4,790.50
ALFARO
EUCEDA TURCIOS
$4,420.00
$25,066.50

-

EXHIBIT A
8

Interest
$12.93
$17.70
$9.94
$12.24
$19.99
$18.45
$91.25

Total
$3,684.93
$5,321.70
$2,809.94
$4,092.24
$4,810.49
$4,438.45
$25,157.75

EXHIBITB
LOVIN' OVEN CATERING OF SUFFOLK, LLC
d.b.a. LAND'S END CATERING
CASE ID #1687295
First Name
ANGEL
FRANCISCO
NELSON
OSCAR
HERNAN
LELIS
Totals

Last Name
MALDONADO
MALDONADO
PAZ
RIVERA
ALFARO
EUCEDA TURCJOS

-

Back Walles Due
$3,672.00
$5,304.00
$2,800.00
$4,080.00
$4,790.50
$4,420.00
$25,066.50

EXHIBITB
9

Interest
$5.51
$7.95
$2.80
$4.08
$7.19
$6.63
$34.16

TotaJ
$3,677.51
$5,311.95
$2,802.80
$4,084.08
$4,797.69
$4,426.63
$25,100.66

EXHIBITC
LOVIN' OVEN CATERING OF SUFFOLK, LLC
d.b.a. LAND'S END CATERING
CASE ID #1687295

Payment Schedule
PavmentNo.
I*
2*
3*
3**
4**

s••

Totals
6***
Grand Total
*Liquidated Damages Payments
**Back Wages Payments
***Civil Money Penalty Payment

Date Due
11/12/2014
12/1212014
01112/2015
01/12/2015
02/12/2015
03/1212015

04/12/2015

-

EXHIBITC
10

Total Amount Due
$10,051.68
$10,051.68
$5,054.39
$4,997.29
$10,051.68
$10,051.69
$50,258.41
$2,255.22
$52,513.63