Perez v. Sauson et al
Filing
139
CONSENT JUDGMENT AND ORDER - in favor of Plaintiff against Defendants. Signed by Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF WASHINGTON
7
8
9
EDWARD C. HUGLER, Acting
Secretary of Labor,
United States Department of Labor,
10
11
Plaintiff,
Case No. 1:15-CV-3197-RMP
CONSENT JUDGMENT AND
ORDER
v.
12
13
14
15
SUNSHINE MOTEL INN, LLC, a
limited liability company; RAJ AND
COMPANY, INC., a corporation; and
RAJIV SAUSON, an individual,
16
Defendants.
17
18
19
EDWARD C. HUGLER, Acting Secretary of Labor, United States
20
Department of Labor, and Defendants SUNSHINE MOTEL INN, LLC, RAJ AND
21
COMPANY, INC. and RAJIV SAUSON (collectively, “Defendants”) have agreed
22
to resolve the matters in controversy in this civil action and consent to the entry of
23
this Consent Judgment as follows:
24
25
I.
STATEMENT BY THE PARTIES
A.
The Secretary filed a Second Amended Complaint alleging that the
26
Defendants violated Sections 6, 7, 11, and 15 of the Fair Labor Standards Act of
27
1938, as amended (the “FLSA”), 29 U.S.C. §§ 206, 207, 211, and 215.
28
CONSENT JUDGMENT AND ORDER ~ 1
1
2
3
4
5
B.
Defendants waived formal service and acknowledge receipt of a copy
of the Secretary’s Complaint.
C.
The Secretary and Defendants waive Findings of Fact and
Conclusions of Law.
D.
Defendants admit that the Court has jurisdiction over the parties and
6
subject matter of this civil action and that venue lies in the United States District
7
Court for the Eastern District of Washington.
8
9
10
E.
Defendants agree to the entry of this Consent Judgment without
contest.
F.
Defendants acknowledge that Defendants and any individual, agent,
11
or entity acting on their behalf or at their direction has notice of, and understands,
12
the provisions of this Consent Judgment.
13
G.
Defendants admit that they operate a motel in Yakima, Washington;
14
that this business is an enterprise engaged in commerce or in the production of
15
goods for commerce within the meaning of Section 3(s)(1)(A) of the FLSA, 29
16
U.S.C. 203(s)(1)(A); and that, as such, Defendants are subject to the provisions of
17
the FLSA.
18
H.
Defendants admit that Defendant Sauson at all relevant times acted
19
directly or indirectly in the interest of Sunshine Motel in relation to its employees,
20
including hiring, firing and supervising employees, maintaining employment
21
records, setting employee schedules and pay rates, and determining employment
22
practices, and that as such, he is an “employer” individually liable for the back
23
wages and liquidated damages owed to Sunshine Motel’s employees under Section
24
3(d) of the FLSA, 29 U.S.C. § 203(d).
25
I.
Defendants admit that Defendant Raj and Company, Inc. at all
26
relevant times acted directly or indirectly in the interest of Sunshine Motel in
27
relation to its employees, including maintaining the corporate bank account used
28
by Sunshine Motel, holding a 98% ownership stake in Sunshine Motel, and paying
CONSENT JUDGMENT AND ORDER ~ 2
1
Sunshine Motel’s payroll and other business expenses, and as such is an
2
“employer” in relation to Sunshine Motel’s employees jointly liable for the back
3
wages and liquidated damages owed to the employees under Section 3(d) of the
4
FLSA, 29 U.S.C. § 203(d). Defendants further admit that Defendant Raj and
5
Company, Inc. at all times was an enterprise engaged in commerce under 29
6
U.S.C. § 203(s)(1)(A); and that Sunshine Motel and Raj and Company, Inc.
7
constitute a single enterprise under 29 U.S.C. § 203(r)(1) in that they engage in
8
related activities performed through common control for a common business
9
purpose.
10
J.
Defendants admit to violating Sections 6 and 15(a)(2) of the FLSA, 29
11
U.S.C. §§ 206 and 215(a)(2), during the period of January 1, 2012, through
12
February 23, 2017, (the “Subject Period”) by paying their employees’ wages at
13
rates less than the applicable federal minimum wage in workweeks when said
14
employees were engaged in commerce or in the production of goods for commerce
15
or were employed in an enterprise engaged in commerce or in the production of
16
goods for commerce, within the meaning of the FLSA.
17
K.
Defendants admit to violating Sections 11(c) and 15(a)(5) of the
18
FLSA, 29 U.S.C. §§ 211(c) and 215(a)(5), during the Subject Period, by failing to
19
make, keep and preserve records of their employees and of the wages, hours, and
20
other conditions and practices of employment maintained by them as required
21
under 29 C.F.R. Part 516.
22
L.
Defendants admit that during the Subject Period, they made
23
deductions from the wages of employees who lived onsite at Sunshine Motel, but
24
failed to maintain records required under Section 3(m) of the FLSA, 29 U.S.C. §
25
203(m), and 29 C.F.R. § 516.27 in order to lawfully make such deductions, and
26
thus were not entitled to treat the cost of lodging as wages.
27
28
M.
Defendants admit that during the Subject Period they have
misclassified workers at their motel as independent contractors, rather than
CONSENT JUDGMENT AND ORDER ~ 3
1
employees subject to the protections of the FLSA. Defendants agree that, as of the
2
date of signing this consent judgment, they have correctly classified all current
3
motel personnel as employees subject to the protections of the FLSA, including
4
payment of minimum wage and overtime, and protection from retaliation.
5
Defendants agree that all employees shall be properly classified going forward.
N.
6
Defendants understand and expressly acknowledge that it is “unlawful
7
for any person . . . to discharge or in any other manner discriminate against any
8
employee because such employee has filed any complaint or instituted or caused to
9
be instituted any proceeding under [the FLSA], or has testified or is about to testify
10
in any such proceeding . . . .” 29 U.S.C. § 215(a)(3). Defendants understand and
11
expressly acknowledge that it is illegal to retaliate in any manner against any
12
employee, including employees named in the Secretary’s complaint, because he or
13
she has participated, or Defendants believe he or she has participated, in these
14
proceedings by inter alia talking to or providing information to the Secretary’s
15
representatives, making a wage-related complaint to a government agency or to the
16
employer, or in any other way pursuing his or her rights under the FLSA.
17
Defendants understand and expressly acknowledge that such unlawful retaliation
18
may include, but is not limited to firing, disciplining, reducing pay, or evicting an
19
employee from Defendants’ motel because of the employee’s protected conduct, or
20
protected conduct in which Defendants believe the employee engaged. Defendants
21
further understand and expressly acknowledge that taking any retaliatory actions
22
against any employee or person in violation of the FLSA and the express terms of
23
this Consent Judgment may subject Defendants to equitable and legal damages,
24
including punitive damages and civil contempt.
25
26
27
28
II.
JUDGMENT
Therefore, upon motion of the attorneys for the Secretary, and for cause
shown,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
CONSENT JUDGMENT AND ORDER ~ 4
1
pursuant to Section 17 of the FLSA, 29 U.S.C. § 217, Defendants, their officers,
2
agents, servants, employees, successors and all persons in active concert or
3
participation with them are permanently enjoined and restrained from violating the
4
provisions of the FLSA, in any of the following manners:
5
1.
Defendants shall not, contrary to Sections 6 and 15(a)(2) of the FLSA,
6
29 U.S.C. §§ 206 and 215(a)(2), employ any of their employees at rates less than
7
the applicable federal minimum wage in workweeks when said employees are
8
engaged in commerce or in the production of goods for commerce or are employed
9
in an enterprise engaged in commerce or in the production of goods for commerce,
10
11
within the meaning of the FLSA.
2.
Defendants shall not, contrary to Sections 7 and 15(a)(2) of the FLSA,
12
29 U.S.C. §§ 207 and 215(a)(2), employ any of their employees who in any
13
workweek are engaged in commerce or the production of goods for commerce, or
14
who are employed in an enterprise engaged in commerce or in the production of
15
goods for commerce, within the meaning of the FLSA, for workweeks longer than
16
forty hours, unless such employee receives compensation for his employment in
17
excess of forty hours at a rate not less than one and one-half times the regular rate
18
at which he is employed.
19
3.
Defendants shall not fail to make, keep, and preserve records of
20
employees and of the wages, hours, and other conditions and practices of
21
employment maintained, as required by Sections 11(c) and 15(a)(5) of the FLSA,
22
29 U.S.C. §§ 211(c) and 215(a)(5), and the implementing regulations found in 29
23
C.F.R. Part 516, and make such records available to authorized agents of the
24
Secretary for inspection, transcription, and/or copying, upon their demand for such
25
access.
26
4.
Defendants shall not request, solicit, suggest, or coerce, directly, or
27
indirectly, any employee to return or to offer to return to the Defendants or to
28
someone else for the Defendants, any money in the form of cash, check, or any
CONSENT JUDGMENT AND ORDER ~ 5
1
other form, for wages previously due or to become due in the future to said
2
employee under the provisions of this judgment or the FLSA; nor shall Defendants
3
accept, or receive from any employee, either directly or indirectly, any money in
4
the form of cash, check, or any other form, for wages heretofore or hereafter paid
5
to said employee under the provisions of this judgment or the FLSA; nor shall
6
Defendants discharge or in any other manner discriminate, nor solicit or encourage
7
anyone else to discriminate, against any such employee because such employee has
8
received or retained money due to him from the Defendants under the provisions of
9
this judgment or the FLSA.
10
5.
Defendants shall not, contrary to section 15(a)(3) of the FLSA, 29
11
U.S.C. § 215(a)(3), discharge or in any other manner discriminate, nor solicit or
12
encourage anyone else to discriminate, against any employee because such
13
employee has or is believed to have filed any wage complaint, including making a
14
complaint to Defendants, or instituted or caused to be instituted any proceeding
15
under the FLSA or has provided information to the Department of Labor in any
16
such proceeding.
17
6.
Defendants shall, within 90 days of entry of this Consent Judgment
18
and Order, classify all workers at Sunshine Motel as employees subject to the
19
protections of the FLSA, and shall pay all legally required taxes and insurance
20
premiums on behalf of the employees going forward.
21
7.
Defendants, jointly and severally, shall not continue to withhold
22
payment of $45,000, which represents the unpaid minimum wage and overtime
23
compensation hereby found to be due for the Subject Period, to the employees
24
named in the attached Exhibit A in the amounts set forth therein. IT IS
25
FURTHER ORDERED AND ADJUDGED that Defendants, jointly and
26
severally, shall pay to the Secretary the sum of $45,000 plus the additional sum of
27
$45,000 as liquidated damages, pursuant to FLSA Section 16(c), 29 U.S.C. §
28
216(c), for the Subject Period to the employees named in the attached Exhibit A in
CONSENT JUDGMENT AND ORDER ~ 6
1
the amounts set forth therein, as a full and final resolution of all claims alleged in
2
the Second Amended Complaint.
3
8.
JUDGMENT IS HEREBY ENTERED in the total amount of
4
$90,000 against the Defendants, jointly and severally, and in favor of the Plaintiff,
5
Secretary of Labor. The total amount of the judgment against Defendants is
6
$90,000, and includes any amounts described in paragraph 7 above. The amount of
7
the judgment is allocated as set forth in Exhibit A hereto. Defendants agree to pay
8
the amount and understand that said amount will be allocated by the Secretary to
9
individuals as set forth in Exhibit A for the purpose of resolution of the claims, but
10
11
12
13
Exhibit A is not a determination of the hours or days worked by employees.
9.
The provisions of paragraphs 6 and 7 of this Consent Judgment will
be deemed satisfied when Defendants comply with the following provisions:
a.
Within 30 days of the entry of this Consent Judgment, Defendants
14
shall deliver to District Director Jeanette Aranda, Wage and Hour Division, United
15
States Department of Labor, 300 Fifth Avenue, Suite 1130, Seattle, WA 98104 a
16
list containing the last known home address, social security number, and telephone
17
number (if known) for each person named in the attached Exhibit A, if known.
18
b.
Defendants shall make the back wage and liquidated damages
19
payments due under this Judgment, the total amount of which is $90,000, by
20
paying $30,000 cash or cashier’s check within 15 days of entry of this order, and
21
the remaining $60,000 paid in 36 monthly installments, as specified in
22
subparagraph 9.c below, by delivering cashier’s checks or money orders in the
23
required amount, with the name of “Sunshine Motel” written on it, payable to the
24
order of the “Wage & Hour Div., Labor,” to Wage and Hour Division District
25
Director Jeanette Aranda at the address listed in Paragraph 9.a. of this Consent
26
Judgment. Each check must indicate in the subject line whether it is to be
27
allocated to Back Wages or Liquidated Damages as set forth below.
28
c.
The payments shall be made in installments as follows:
CONSENT JUDGMENT AND ORDER ~ 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Payment on or
before
Amount
15 days after the
entry of this order $30,000.00
May 10, 2017 $1,666.67
June 10, 2017 $1,666.67
July 10, 2017 $1,666.67
August 10, 2017 $1,666.67
September 10, 2017 $1,666.67
October 10, 2017 $1,666.67
November 10, 2017 $1,666.67
December 10, 2017 $1,666.67
January 10, 2018 $1,666.64
February 10, 2018 $1,666.67
March 10, 2018 $1,666.67
April 10, 2018 $1,666.67
May 10, 2018 $1,666.67
June 10, 2018 $1,666.67
July 10, 2018 $1,666.67
August 10, 2018 $1,666.67
September 10, 2018 $1,666.67
October 10, 2018 $1,666.67
November 10, 2018 $1,666.67
December 10, 2018 $1,666.67
January 10, 2019 $1,666.67
February 10, 2019 $1,666.67
March 10, 2019 $1,666.67
April 10, 2019 $1,666.67
May 10, 2019 $1,666.67
June 10, 2019 $1,666.67
July 10, 2019 $1,666.67
August 10, 2019 $1,666.67
September 10, 2019 $1,666.67
October 10, 2019 $1,666.67
November 10, 2019 $1,666.67
December 10, 2019 $1,666.67
January 10, 2020 $1,666.67
February 10, 2020 $1,666.67
March 10, 2020 $1,666.67
CONSENT JUDGMENT AND ORDER ~ 8
Payment for (to list in
check memo)
Liquidated damages
Liquidated damages
Liquidated damages
Liquidated damages
Liquidated damages
Liquidated damages
Liquidated damages
Liquidated damages
Liquidated damages
Liquidated damages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
Back wages
1
April 10, 2020 $1,666.58 Back wages
$90,000.00
TOTAL
2
3
10.
4
The Secretary shall allocate and distribute the back wages and
5
liquidated damages to the persons named in the attached Exhibit A, or to their
6
estates if necessary, in his sole discretion, and any money not so paid within a
7
period of three years from the date of its receipt, because of an inability to locate
8
the proper persons or because of their refusal to accept it, shall be then deposited in
9
the Treasury of the United States, as miscellaneous receipts, pursuant to 29 U.S.C.
10
§ 216(c). The Secretary shall be responsible for deducting the employee’s share of
11
FICA and federal income taxes from the back wage amounts paid to the persons
12
named in the attached Exhibit A, and for remitting said deductions to the
13
appropriate federal agencies. Defendants are responsible for the employer portion
14
of employment taxes on the back wages hereby found due.
11.
15
In the event of a default in the timely making of the payments
16
specified in this Consent Judgment, the full gross amount outstanding due under
17
this Consent Judgment, plus post-judgment interest at the rate of 10% per year
18
from the date of this Consent Judgment until the monetary amounts due under this
19
Consent Judgment are paid in full, shall become immediately due and payable
20
directly to the U.S. Department of Labor by certified check to the Wage and Hour
21
Division. For the purposes of this paragraph, a “default” is deemed to occur if
22
payment is not received by Wage and Hour within five (5) calendar days of the due
23
date.
24
12.
IT IS FURTHER ORDERED that within 90 calendar days of the
25
entry of this Consent Judgment, Defendants shall amend and maintain their
26
recordkeeping and payroll practices to comply with the FLSA. To accomplish the
27
provisions of this paragraph:
28
a.
Defendants shall keep records as required by 29 C.F.R. Part 516.
CONSENT JUDGMENT AND ORDER ~ 9
1
b.
Defendants shall procure and install a time clock, or a similar
2
computer-based electronic timekeeping system, at Sunshine Motel and ensure that
3
each employee uses this timekeeping system to accurately record the time the
4
employee: (i) begins work each day by clocking/punching in as soon as the
5
employee enters the worksite or (if the employee resides onsite) begins his or her
6
7
8
9
first work task of the day; (ii) begins any uninterrupted work-free meal period of
30 minutes or more by clocking/punching out at the beginning of the lunch period;
(iii) ends any uninterrupted work-free meal period of 30 minutes or more by
clocking/punching in at the end of the uninterrupted work-free meal period; and
(iv) ends work each day by clocking/punching out just before the employee leaves
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
the worksite or (if the employee resides onsite) finishes his or her final work task
of the day; and (v) begins and ends any period, if any, when the employee is dutyfree and thus not paid by clocking/punching out.
c.
For each work week, Defendants shall sum the time indicated on the
time records recorded on the timekeeping system by each employee to identify the
time worked each day and each workweek. Each pay period Defendants shall
prepare a statement of hours and wages for each employee (“Itemized Pay
Statement”). The Itemized Pay Statement shall provide at a minimum, (1) the
employee’s gross wages earned for the pay period, (2) total hours worked, (3) all
deductions, (4) net wages earned, (5) the inclusive dates of the period for which the
employee is paid, (6) all applicable hourly rates in effect during the pay period, and
(7) the corresponding number of hours worked at each hourly rate. The Itemized
Pay Statement must specifically identify all amounts deducted for lodging
provided to the employee. Employees who work over 40 hours in a week must be
paid their regular rate for all hours worked plus an additional half time premium
for the hours worked over forty. Defendants shall calculate the half-time premium
for hours worked over forty in each work week by dividing the employees’ regular
rate in half.
28
CONSENT JUDGMENT AND ORDER ~ 10
1
d.
For a period of not less than three years following entry of this
2
judgment Defendants shall include the following statement on each Itemized Pay
3
Statement:
4
5
6
7
8
9
10
11
12
Your employer must pay you for all hours you work, including time
and a half pay for overtime when you work more than 40 hours in a
week. Your hours worked includes all the time that you are not free
from work duties. Your employer cannot make deductions from your
pay for housing you are provided at Sunshine Motel unless you receive
detailed written information about the amount you have been charged
for a room each pay period. Your agreement to stay in employer
provided housing must also be voluntary. You must also be offered the
option to receive cash pay for the amount you are charged for lodging
at the motel. If you think your employer has not correctly paid you for
all hours you worked, or has made illegal deductions from your pay,
you can call the U.S. Department of Labor to make a confidential
complaint at 1-866-4US-WAGE.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Defendants shall maintain copies of all Itemized Pay Statements for three years
after issuance for inspection and/or copying by authorized agents of the Secretary,
or by the employee listed in the Itemized Pay Statement at any time upon request
without prior notice.
e.
Defendants shall not include the value of the provision of lodging
facilities to employees as part of employees’ pay (claim a “lodging credit”) absent
strict compliance with 29 C.F.R. Part 516, including but not limited to 29 CFR §
516.27. Defendants shall maintain all records described at 29 C.F.R. § 516.27,
including itemized accounts showing the nature and amount of any expenditures
entering into the computation of the reasonable cost of lodging for which a lodging
credit is claimed for a period of three years and shall make such documents
available for inspection by authorized agents of the Secretary, or affected
employees, upon request without prior notice. In addition, on March 1, and
October 1 of each year, Defendants shall post at each of their facilities, in an area
that is frequented by employees, a statement showing how Defendants calculated
CONSENT JUDGMENT AND ORDER ~ 11
1
the amount of any lodging credit Defendants claimed during the previous calendar
2
year. If Defendants continue to offer on-site lodging to employees, they must
3
provide each employee the option to receive cash pay in lieu of lodging equal to
4
the lodging credit Defendants would otherwise claim against the employee’s
5
wages.
6
7
f.
Defendants shall maintain all timecards and payroll records for a
period of not less than three years.
8
g.
9
records.
10
h.
11
12
13
14
15
16
17
18
Defendants shall record all hours worked by employees in the payroll
Defendants shall reflect all the amounts paid to employees, regardless
of the manner of payment, on the payroll records.
i.
Defendants shall not alter or manipulate time or payroll records to
reduce the number of hours actually worked by an employee.
j.
Defendants shall not request, require, or otherwise cause employees to
sign inaccurate time records.
13.
IT IS FURTHER ORDERED that Defendants take the additional
actions listed in this paragraph to ensure future compliance with the FLSA:
a.
Within ten days of the entry of this Consent Judgment, Defendants
19
shall post a copy of the attached Exhibit B “Notice of Employee Rights” at
20
Sunshine Motel an area that is frequented by employees. The Notice of Employee
21
Rights shall remain posted on the premises for a minimum of three years.
22
14.
The filing, pursuit, and/or resolution of this proceeding with the filing
23
of this Consent Judgment shall not act as or be asserted as a bar to any action under
24
Section l6(b) of the FLSA, 29 U.S.C. § 216(b), as to any employee not named on
25
the attached Exhibit A, nor as to any employee named on Exhibit A for any period
26
not specified therein.
27
28
15.
Each party shall bear all fees and other expenses (including court
costs) and attorneys’ fees that might be available under the Equal Access to Justice
CONSENT JUDGMENT AND ORDER ~ 12
1
3
Last Name
First Name
Back
Wage
Start Date
4
Armstrong
Lucia
2/12/2013
2/23/2013
5
Barriga
Isabel
7/16/2013
12/31/2013
6
Beckworth
Brandy
2/1/2012
7
Bhambra
Ranjit
8
Chandra
9
2
Back Wage
End Date
Back
Wages
Liquidated
Damages
$302.42
$302.42
$2,606.99
$2,606.99
7/31/2012
$512.56
$512.56
7/11/2015
2/18/2017
$619.00
$619.00
Shastlie
10/1/2012
12/31/2012
$256.28
$256.28
Del Valle
Charie
9/30/2012
2/18/2017
$3,544.67
$3,544.67
10
Floresco
Margaret
8/1/2012
10/28/2012
$1,405.88
$1,405.88
11
Harris
Manivone
1/1/2012
8/31/2012
$13,031.06
$13,031.06
12
Johnson
Kimberly
6/28/2014
2/1/2015
$445.96
$445.96
13
Kumar
Bipesh
11/21/2014 2/18/2017
$1,569.80
$1,569.80
14
Lakhanpal
Ramswarup 10/5/2013
10/21/2014
$360.85
$360.85
15
16
17
Lopez Trejo Lucero
2/12/2013
12/15/2013
$3,989.16
$3,989.16
Martinez
Maria
10/4/2014
6/24/2015
$1,639.08
$1,639.08
Montesa
Jose
12/27/2012 4/5/2013
$256.28
$256.28
Neha
1/2/2016
2/18/2017
$473.14
$473.14
Owens
Crystal
2/27/2016
2/18/2017
$473.14
$473.14
Radu
Tabita
1/1/2014
10/3/2014
$260.81
$260.81
Rios
Melissa
9/2/2012
12/31/2012
$5,019.13
$5,019.13
Rivera
Jennifer
8/1/2012
4/1/2014
$7,301.71
$7,301.71
Rocha
Felipe
9/30/2012
8/4/2016
$741.54
$741.54
Rodriguez
Andrea
7/8/2015
11/20/2015
$138
$138
Thurman
Joie
10/1/2013
8/31/2014
$52.54
$52.54
$45,000
$45,000
18
19
20
21
22
23
24
25
26
Totals
27
28
CONSENT JUDGMENT AND ORDER ~ 14
EXHIBIT B
1
2
NOTICE OF EMPLOYEE RIGHTS
UNDER THE FAIR LABOR STANDARDS ACT
3
In November 2015, the U.S. Department of Labor sued SUNSHINE
MOTEL INN, LLC and RAJIV SAUSON. The Labor Department sued these
5 employers because they violated the Fair Labor Standards Act (FLSA), the federal
law that requires employers to pay minimum wage and overtime to their
6 employees. These employers didn’t pay their employees minimum wage for all of
7 their hours worked. They also failed to pay overtime premiums and misclassified
employees as “independent contractors.”
4
8
To settle this lawsuit, these employers have agreed to pay back wages and damages
to employees who were not correctly paid and have promised to comply with the
10 FLSA in the future.
9
11
12
13
14
15
16
17
18
You have legal rights under the FLSA, including:
The right to minimum wage and overtime premiums.
The right to be treated as an employee rather than an independent contractor,
with all the protections that come with being an employee. This includes
minimum wage, overtime pay, protection against retaliation, family and
medical leave, and unemployment and worker’s compensation insurance.
The right to receive your pay free of illegal deductions.
19
The right to speak freely with Department of Labor investigators.
20
The right to be free of retaliation because you spoke to the Labor
Department; complained to your employer that you weren’t being paid
correctly; or received a payment as part of this settlement.
21
22
23
24
25
26
27
28
The right to be free of any demand from your employer that you pay back in
any way the money you receive under this settlement.
If you think your employer has not correctly paid you for all hours you worked, or
if you believe they have taken action against you because you spoke with the
Department of Labor or received a payment under the settlement agreement, please
call the U.S. Department of Labor to make a confidential complaint. The phone
number is 1-866-4US-WAGE.
CONSENT JUDGMENT AND ORDER ~ 15
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?