Solis v. Redmond Herbal Spas LLC. et al

Filing 12

ORDER Granting Plaintiff's 9 Motion for Summary Judgment by Judge Thomas S. Zilly. (CL)

Hon. Thomas S. Zilly

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SETH D. HARRIS,1 Acting Secretary of
Labor,
United States Department of Labor,

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Plaintiff,
v.

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No. 2:12-cv-1814-TSZ

ORDER GRANTING PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT

REDMOND HERBAL SPAS LLC.; a

11 corporation dba Asian Miracle Massage; and
MEI ZHENG aka Margaret Sutton,

12 individually,
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THIS MATTER, having come before the Court upon Plaintiff’s unopposed Motion for

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Summary Judgment, docket no. 9, and it appearing from the filings in this cause that: Defendants

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are employers employing employees in the business of providing massage services; Defendants

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failed to pay their employees the required minimum wage and/or overtime premium; and
Defendants failed to keep the required records for its employees, it is hereby:

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ORDERED, ADJUGED AND DECREED that the Court grants Plaintiff’s Motion for

19 Summary Judgment and finds that, for the purposes of the of the Fair Labor Standards Act (29
20 U.S.C. §§ 201-219; “the Act”), Defendants are employers, the individuals identified on Exhibit
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Seth D. Harris was appointed Acting Secretary of Labor on Jan. 24, 2013. Pursuant to Fed. R. Civ. P. 25(d) the
caption has been changed to reflect the appointment.
ORDER GRANTING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT – Page 1 of 4

Office of the Solicitor
U.S. DEPARTMENT OF LABOR
300 Fifth Avenue, Suite1120
Seattle, WA 98104
206-757-6762 (ph)

1 A to the Complaint are Defendants’ employees, and Defendants failed to pay their employees in
2 accordance with the Act or to keep records about their employees as required by the Act. The
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Court therefore ORDERS:
(1) pursuant to Section 17 of the Act, Defendants, their officers, agents, servants,
employees, and all persons acting in their behalf and interest are prospectively enjoined from
violating the provisions of Section 15(a)(2) and 15(a)(5) of the Act;

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(2) pursuant to Section 16(c) of the Act, Defendants are jointly and severally liable for

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unpaid minimum wage and overtime compensation due Defendants’ employees, and liquidated
damages equal in amount to the unpaid compensation due Defendants’ employees. Those
amounts are as described Table 1 below;
(3) pursuant to Section 17 of the Act, Defendants, their officers, agents, servants,

11 employees, and all persons acting in their behalf and interest are prospectively enjoined from
12 withholding payment of unpaid minimum wage and overtime compensation due Defendants’
13 employees and pre-judgment interest computed at the underpayment rate established by the
14 Secretary of Treasury pursuant to 26 U.S.C. § 6621;
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(4) Defendants are required to make all payments referenced above no later than 30 days
from the signing of this order. Payment is to be made via regular payroll checks to each
individual employee and Defendants are responsible for calculating and deducting all applicable
withholdings. Checks shall be made payable in the alternative to the named employee “or

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USDOL” and shall be delivered by Defendants directly to the individual. For any individuals

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whose address is unknown to Defendants, Defendants shall send the check directly to the

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Department at the address below. For all other individuals Defendants shall send a copy of the
check, along with a statement of any deductions taken, to:

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ORDER GRANTING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT – Page 2 of 4

Office of the Solicitor
U.S. DEPARTMENT OF LABOR
300 Fifth Avenue, Suite1120
Seattle, WA 98104
206-757-6762 (ph)

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U.S. Department of Labor, Wage and Hour Division
300 Fifth Avenue, Suite 1125
Seattle, WA 98104

IT IS FURTHER ORDERED that to insure compliance with the requirements of the Fair

4 Labor Standards Act Defendants shall:
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(1) Install manual or electronic time clocks at each location and require every employee to

6 use the time clocks to record all hours worked;
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(2) Retain a third party payroll vendor to handle all payroll matters at each location,

8 including preparation and issuance of paychecks;
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(3) On a quarterly basis for a period of 24 months provide to the Wage and Hour Division at
the address listed above a copy of the previous quarter’s payroll along with a certification under
penalty of perjury in a form to be provided by the Department that the certified payroll
accurately reflects all hours worked by each employee; and

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(4) On a quarterly basis for a period of 24 months provide to each employee a written notice

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of the employee’s rights under the FLSA, said notice to be provided by the Department.

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Table 1

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NAME

PERIOD COVERED

Angel,
Choy, King Ball
Daine,
Huang, Qun
Fang
Jiang, Bi Hui
Kevin,
Kong, Feng Jun
Li, Guo Yu
Li, Hui Fang

1/24/2010 - 4/11/2010
10/31/2010 - 1/9/2011
8/1/2010 - 10/17/2010
3/7/2010 - 3/28/2010

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4/11/2010 - 2/13/2011
1/9/2011 - 3/13/2011
4/11/2010 - 7/11/2010
9/26/2010 - 5/1/2011
4/18/2010 - 7/18/2010

GROSS
LIQUIDATED
AMOUNT
DAMAGES
DUE
$192.32
$192.32
$1,764.46
$1,764.46
$281.16
$281.16
$325.72
$325.72
$8,392.29
$944.57
$1,188.67
$4,288.19
$1,500.11

$8,392.29
$944.57
$1,188.67
$4,288.19
$1,500.11

TOTAL
DUE
$384.64
$3,528.92
$562.32
$651.44
$16,784.58
$1,889.14
$2,377.34
$8,576.38
$3,000.22

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ORDER GRANTING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT – Page 3 of 4

Office of the Solicitor
U.S. DEPARTMENT OF LABOR
300 Fifth Avenue, Suite1120
Seattle, WA 98104
206-757-6762 (ph)

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Lin, Li Qun
Liu, Jian She
Ma, Hai Sheng
Nguyen, Thu
Bich
Peggy,
Peter,
Rymen, Lucy D
Sun, Yu Zhai
Sun, Zue Ling
Victor,
Wang, Jin Gui
Yang, Zhuo
Zeng, Kang
Yuan
Zhang, He Ping

7/18/2010 - 9/19/2010
1/10/2010 - 3/27/2011
10/3/2010 - 5/1/2011
8/2/2009 - 11/1/2009

$981.76
$8,304.36
$4,654.95
$1,554.62

$981.76
$8,304.36
$4,654.95
$1,554.62

$1,963.52
$16,608.72
$9,309.90
$3,109.24

3/20/2011- 3/20/2011
3/27/2011 - 5/1/2011
4/11/2010 - 5/1/2011
12/13/2009 10/24/2010
4/11/2010 - 5/1/2011
3/20/2011 - 3/20/2011
12/20/2009 - 1/10/2010
7/18/2010 - 10/24/2010
10/3/2010 - 5/1/2011

$23.98
$660.85
$6,460.30
$6,783.76

$23.98
$660.85
$6,460.30
$6,783.76

$47.96
$1,321.70
$12,920.60
$13,567.52

$8,425.81
$23.98
$421.67
$1,914.74
$5,389.76

$8,425.81
$23.98
$421.67
$1,914.74
$5,389.76

$16,851.62
$47.96
$843.34
$3,829.48
$10,779.52

11/7/2010 - 5/1/2011

$3,289.88

$3,289.88

$6,579.76

Total

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$67,767.91

$67,767.91 $135,535.82

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DATED this 20th day of August, 2013.

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A

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THOMAS S. ZILLY
United States District Judge

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Presented by:

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UNITED STATES DEPARTMENT OF LABOR

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By:

____/s Bruce L. Brown__________________
Bruce L. Brown, Associate Regional Solicitor
Attorneys for Plaintiff

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ORDER GRANTING PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT – Page 4 of 4

Office of the Solicitor
U.S. DEPARTMENT OF LABOR
300 Fifth Avenue, Suite1120
Seattle, WA 98104
206-757-6762 (ph)