Perez v. Rubins company MJ, Inc. et al

Filing 26

ORDER- The Court ADOPTS the findings and recommendation of Judge Anderson. Accordingly, for the reasons cited by Judge Anderson and for good cause shown,Plaintiff's Motion for Default Judgment is GRANTED. It is ORDERED, ADJUDGED, and DECREED th at back wage compensation is due to certain employees for the period from work week ending January 6, 2014 through January 5, 2016 in the amounts shown in Schedule A (Dkt. 15-3 ). It is further ORDERED, ADJUDGED, and DECREED that Defendants Angelica Silvina Correa and Edmundo Rubins are liable jointly and severally for the payment of back wage compensation under Section l6(c) of the Act in the total amount of $ 160,181.02, comprising $80,090.51 in back wages and $80,090.51 in liq uidated damages, plus post-judgment interest at the rate set pursuant to 28 U.S.C. § 1961. It is further ORDERED, ADJUDGED, and DECREED that Defendants, their agents, servants, employees, and all persons acting or claiming to act in their behalf and interest are permanently enjoined and restrained from withholding the payment of back wages to the individuals listed in Schedule A (Dkt. 15-3). It is further ORDERED, ADJUDGED, and DECREED that Defendants, their agents, servants, employees, and all persons acting or claiming to act in their behalf and interest are permanently enjoined and restrained from violating the provisions of Sections 6,7,11 ( c ), and 15 of the Act. Signed by District Judge Liam O'Grady on 4/3/2018. (see Order for further details) (dest, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

R. ALEXANDER ACOSTA,
SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF

LABOR,

Plaintiff,
Case No. 1:17-cv-00032-LO-JFA

RUBINS COMPANY MJ. INC.. et al.

Defendants.

ORDER

This matter comes before the Court on the Report and Recommendation (R&R) of United
States Magistrate Judge John F. Anderson dated March 12,2018. Dkt. 11. Defendants did not

object to the R&R. The Court has reviewed the Complaint, Plaintiffs Motion for Default
Judgment (Dkt. 15), and Plaintiffs memorandum of law in support of that motion (Dkt. 17) and
ADOPTS the findings and recommendation of Judge Anderson.

Accordingly, for the reasons cited by Judge Anderson and for good cause shown,
Plaintiffs Motion for Default Judgment is GRANTED.

The Court finds that between January 6, 2014 through January 5,2016, Defendants

Angelica Silvina Correa and Edmundo Rubins continually violated the provisions of Sections 6,

7, and 11(c) ofthe Fair Labor Standards Act of 1938, as amended (29 U.S.C. § 201, et seq.)
(hereinafter referred to as "the Act"), and the regulations found in Title 29, Chapter VI, Code of

Federal Regulations, Part 516. Defendants violated Section 6 of the Act by paying employees
wages at rates less than that required by Section 6 of the Act. Defendants also violated Section 7