Acosta v. Tile Restoration, Inc., et al

Filing 7

CONSENT ORDER - Defendants Tile Restoration, Inc., David Albritton, and Brad Albritton (referred to herein collectively as "Defendants"), their agents, servants, employees and all persons in active concert or participation with them who r eceive actual notice hereof, are permanently enjoined from violating the provisions of the Fair Labor Standards Act of l938, as amended, 29 U.S.C §201, et seq. Counsel should read the order in its entirety for additional critical information. Signed by Chief Judge James C. Dever III on 7/24/2018. (Briggeman, N.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION

R. ALEXANDER ACOSTA,
Secretary ·of Labor,
United States DepartmehU:>fLabor,
Plaintiff,

v.
.TILE' Rl;:$JQRATION, INC., DAVID

.. ALBRifiON! an individual; and BRAD
ALBRITTON, an individual;
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO.

4: 18•cv4)0070-D

CONSENT
·ORDER

This cause came on .for consideration upon the· parties'· motion and consent to the
entry ofthis Judgment, without further contest. .It is, therefore,
ORDERED, ADJUDGED and DECREED that Defendants Tile Restoration, Inc.,
David Albritton, and.Brad Albritton {teferted to herein collectively as. 'mefendants"), their
~gents, servant~. employ~es and all persons in active concert .or participation with them who

receive actual notice hereof, are permanently enjoined from violating the provisions ofthe Fair
Labor Standards Act o.fl938, as amended, 29 U~S.C: § 201, et seq., hereinafter referred to a,s the
Act; in any oftbe following manners:
1.. They shall not, contrary to §.§ 7 and 15 (a)(2) .ofthe Act, 29 U.S.C. §§: 207 and
215(a)(2), employ any employee in commerce or in the production of goods for commerce, or in
an enterprise engaged in,commerce or in the production of goods for coilimerce, "within the
mea.rthig ofthe Act, for more than 40 hours in a workweek unless such e111ployee is cornpensE).ted

for such hours in excess of 40 at an overtime rate of at least one and one-halftimes the regular
rate at which such employee is employed.
2. They shall not, contrary to§§ 1l(c) and 15(a)(5) of the Act, 29 U.S.C.
§§ 211(c) and 215(a)(5), fail to make, keep and preserve adequate and accurate employment

records as prescribed by Regulation found at 29 C.F.R. § 516.
IT IS FURTHER ORDERED, ADJUDGED and DECREED that between August
22, 2015 and August 21, 2017, [)efendants failed to pay wages to their employees as required
under the Act in the total amount of$36,712.00. Under the Act, therefore, Defendants are or
were liable to the employees listed on Appendix A [Docket No. 1-2] for back wages in the total
amount of$36,712.00, plus liquidated damages in the amount of $36,712.00. Defendants have,
before entry of this Order, made payment of the back wages and liquidated damages owed to
these employees. The private rights, under the Act, of any employee of Defendants not named in
said Appendix A shall not be terminated or otherwise adversely affected by this proceeding.
IT IS FURTHER ORDERED that each party shall bear its own attorney's fees
\

and expenses incurred by such party in connection with any stage of this case, including but not
(
limited to, attorney's fees which may be available under the Equal Access to Justice Act, as
amended.
SO ORDERED. This __a day of July 2018.