Perez v. The Seafood Shoppe, Inc. et al

Filing 5

CONSENT JUDGMENT in favor of Thomas E. Perez against The Seafood Shoppe, Inc., Colin P. Mather. SO ORDERED that Defts shall pay liquidated damages in the amount of $34,946.42 ($34,798.10 in liquidated damages, plus $148.32 in interes t) due certain employees set forth in Exhibit A. Payment of this amount will be made in the total amount by January 15, 2015 which is in accordance with the amounts due and date set forth in Exhibit C. THE SEAFOOD SHOPPE. INC. d.b.a. SEAFOOD SHOP and COLIN P. MATHER. individually and as President, are enjoined and restrained from withholding the payment of a total of $34,852.91 ($34.798.10 in overtime compensation, plus $54.81 in interest) due certain employees set forth in Exhibi t B. Payment of this amount "ill be made in the total amount by April 15, 2015 which is in accordance with the amounts due and dates set forth in Exhibit C. Defts shall pay civil money penalties in the amount $3,095.40 ($3,080.00 in ci vil money penalties, plus $15.40 in interest) no later than March 15, 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. 1715010" written on the face of the check for $3,095.40. 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 1/14/2015. (Florio, Lisa)

I

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

Civil Action File
No.

/t.f- 0./- 7 3 S"'o
S:Jf AI<.'/

Plaintiff,

v.

CONSENT JUDcfMENT

THE SEAFOOD SHOPPE, INC.,
a Corporation
d.b.a. SEAFOOD SHOP; and
COLIN P. MATHER, Individually and
as President
Defendants

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

*

'""'i~ 1 4 2015

*

LONG ISLAND OFFICE

Plaintiff, the Secretary of Labor, has filed his Complaint and defendants THE SEAFOOD
SHOPPE, INC. d.b.a. SEAFOOD SHOP .aad COLIN P. MATHER, 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.
THE SEAFOOD SHOPPE, INC. d.b.a. SEAFOOD SHOP aad COLIN P. MATHER,
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, pennanently enjoined and
restrained from violating the provisions of sections 6, 7, 1 l(c), 15(a)(2), aad 15(a)(5) of the Fair
Labor Standards Act of .1 938, 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 ofthe 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 I l(c) of the Act and found at 29 CFR
Part516.
II. Defendants shall pay liquidated damages in the amount of$34,946.42 ($34,798.10 in
liquidated damages, plus $148.32 in interest) due certain employees set forth in Exhibit A.
Payment of this amount will be made in the total amount by January 15, 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. 1715010" 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 Marchan, Assistant Director

Ill. THE SEAFOOD SHOPPE. INC. d.b.a. SEAFOOD SHOP and COLIN P. MATHER.
individually and· as President. are enjoined and restrained from withholding the payment of a
t.ltal af$31,852.9!

(534.79~.10

in overtimP ~omr~"'"tinn. plus S54.!111n interest) due certain

employees set forth in Exhibit l:l. Payment of this amount "ill be made in the total amount by
April IS, 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. 1715010" 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

J

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 11590-5tl9
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 $3,095.40 ($3,080.00 in
civil money penalties, plus $15.40 in interest) no later than March 15, 2015. Payment shall
be made by separate cashier or certified check[s] made payable to "Wage and Hour I>ivision •
Labor" with "Civil Money Penalty- FLSA Case No. 1715010" written on the face of tbe
check for $3,095.40. 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 March 15, 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 ove1time 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.

5

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 Apri114, 2014.

XII. Each party will bear its own fees and other expenses incun·ed by such party in
connection with any stage of this proceeding.

6

SO ORDERED:

DATED:

1"at'lt.ll!!'f~.~~!'5

s/ Sandra J. Feuerstein

Central ls!i~. NY

U'IIIED STA f!:S DiSTRICT JlJDGE

Defendants have appeared by COLII1Sel and
Consent to the entry of' this Judgment.

TilE SEAFOOD SHOPPF. INC.
d.b.a. SEAFOOD SHOP
BY:

~~

COLIN P. MATHER. indivitita'lly and as President

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. )
/~---..L--tfi<-j? /_·-· ---- ---·-··
Douglas E.~- Esq.
.

Certilman Balin Adler & Hyman. LLI'
90 Merrick Avenue. 9 1h Floor
East Meadow, NY 11554
Attorneys lor the Defendants

7

STATE OF NEW YORK

)

: SS:
COUNTY OF

On the

2J_.f!rll.
03

lX>I<"mb<'l"
da} of Getob<T' 2014 beiCJre me personally appeared COLIN P.

MATHER to me known and known to me to he the individual described in and who executed the
foregoing instrument and he duly acknowledged to me that he executed the same.

N6:rTvruc

C

SUSAN G. SCHAEFER
Notary PubliC, Sl'-le Of New York
No. 01 !:>C~JU85477

,O~atified In Sufto/k County

CommiSSIOil

8

EXjJIIeS

ffr· 29

20

n-

'-

EXHIBIT A
THE SEAFOOD SHOPPE, INC.
d.b.a. SEAFOOD SHOP
CASE ID #1715010
First Name
ALEX
SEBASTIAN
WALTER
AGRIMIRO
CESAR
NICANDRO
DAVID
OS WALDO
MARIA
ERNESTO
Totals

Last Name
DOE
DOE
ELEISE
SUCHITE
BALDIT
ZENDEJAS
GARCIA
GONZALEZ
MORACHO
ELENE$

-

Li!l~idated

Dama"es
$4,274.60
$4,657.40
$3,000.00
$2,513.60
$2,765.00
$3,800.60
$4,912.60
$4,381.30
$1,428.00
$3,065.00
$34,798.10

EXHIBIT A
9

Interest
$21.42
$23.24
$12.52
$8.39
$13.85
$15.81
$20.50
$15.03
$4.77
$12.79
$148.32

IPtal
$4,296.02
$4,680.64
$3,012.52
$2,521.99
$2,778.85
$3,816.41
$4,933.10
$4,396.33
$1,432.77
$3,077.79
$34,946.42

EXHIBITB
THE SEAFOOD SHOPPE, INC.
d.b.a. SEAFOOD SHOP
CASE ID #171S010
First Name
ALEX
SEBASTIAN
WALTER
AGRIMIRO
CESAR
NICANDRO
DAVID
OS WALDO
MARIA
ERNESTO
Totals

Last Name
DOE
DOE
ELEJSE
SUCHITE
BALDIT
ZENDEJAS
GARCIA
GONZALEZ
MORACHO
ELENES

.

Back Wa!!es Due
$4,274.60
$4,657.40
$3,000.00
$2,513.60
$2.765.00
$3,800.60
$4,9I2.60
$4,38I.30
$1,428.00
$3,065.00
$34,798.10

EXHIBITB
10

Interest
$7.12
$7.76
$5.00
$4.19
$4.6I
$3.I6
$8.I8
$7.30
$2.38
$5.II
$54.81

Total
$4,281.72
$4,665.16
$3,005.00
$2,517.79
$2,769.6I
$3,803.76
$4,920.78
$4,388.60
$1,430.38
$3,070.II
$34,8S2.91

EXHIBITC
THE SEAFOOD SHOPPE, INC.
d.b.a. SEAFOOD SHOP
CASE ID #1715010

Payment Schedule
PaYmell1 No.
I*
2*
3*
4*
4**
5**
6**

Totals
6***
Grand Total
*Liquidated Damaees Pavments
**Back Waees Payments
***Civil Money Penalty Payment

Date Due

Total Amount Due

11/15/2014
12/15/2014
01115/2015
02/1512015
02/15/2015
03/15/2015
04/15/2015

$11,633.22
$11,633.22
$11,633.22
$46.76
$11,586.46
$11,633.22
$11,633.23
$69,799.33
$3,095.40
$72,894.73

04115/2015

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EXHIBITC
II