Solis v. Golden Years Enterprises, Inc. et al

Filing 12

CONSENT JUDGMENT granting 11 Motion to Approve Consent Judgment by Judge Ricardo S Martinez.(RS)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON

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GOLDEN YEARS ENTERPRISES, INC., a
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corporation; ELIZABETH C. ALAS, an
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individual,
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Defendants
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___________________________________
SETH D. HARRIS, ACTING SECRETARY
OF LABOR, UNITED STATES
DEPARTMENT OF LABOR,1
Plaintiff,
v.

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CASE NO. 2:12-cv-0.1927-RSM
CONSENT JUDGMENT

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Plaintiff has filed her Complaint and Defendants have appeared and, without admitting

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liability or the truth of any allegations in the Complaint, have agreed to the entry of this Order

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and Judgment without contest. It is, therefore, upon motion of the Parties, and for cause shown:

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I

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ORDERED, that Defendants, their officers, agents, servants, employees and those

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persons in active concert or participation with them be and hereby are permanently enjoined and

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restrained from violating the provisions of § 15(a)(2) of the Fair Labor Standards Act of 1938, as

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amended (29 U.S.C. 201 et seq.), hereinafter called “the Act,” in the following manners:

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Seth D. Harris was appointed as Acting Secretary of Labor on January 24, 2013. Pursuant to Fed. R. Civ. P. 25(d)
the caption has been changed to reflect the appointment.
GOLDEN YEARS ENTERPRISES, INC. CONSENT JUDGMENT PAGE 1 OF 5
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
300 Fifth Avenue, Suite 1120
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]

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Defendants shall not, contrary to § 6 of the Act, employ any employees engaged in
commerce, or in the production of goods for commerce, or in an enterprise engaged in commerce
or in the production of goods for commerce, at an hourly rate less than the federal minimum

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wage, and
Defendants shall not, contrary to § 7 of the Act, employ any employees engaged in

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commerce, or in the production of goods for commerce, or in an enterprise engaged in commerce

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or in the production of goods for commerce, for a workweek longer than forty (40) hours unless

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the employee receives compensation for his/her employment in excess of forty (40) hours at a
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rate not less than one and one-half times the regular rate at which he/she is employed, and

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Defendants shall not, contrary to § 11 of the Act, fail to make, keep and preserve

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records of the wages, hours and other conditions and practices of employment maintained by
them, as prescribed by the regulations duly promulgated under said § 11(c) at 29 C.F.R. Part 516.

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II

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IT IS FURTHER ORDERED that the Plaintiff recover from Defendants the total sum

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of $279,229.30 inclusive of backwages and liquidated damages. The amount of $139,614.65

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shall be for gross overtime back wages as listed and allocated in the attached Exhibit A, plus

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$139,614.65 in liquidated damages.

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Payment shall be by certified checks made payable in the alternative to the individual

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employee or U.S Department of Labor, Wage and Hour Division, and shall be mailed to each

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employee at his or her last known address within 30 days after this order is approved. All

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checks shall be accompanied by a letter identifying the payments as a result of the resolution of

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Solis v. Golden Years Enterprises, Inc. , et al.

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GOLDEN YEARS ENTERPRISES, INC. CONSENT JUDGMENT PAGE 2 OF 5
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
300 Fifth Avenue, Suite 1120
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]

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Copies of the front and back of the cancelled checks shall be provided to the Wage and

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Hour division no more than 65 calendar days after the check is issued accompanied by a letter

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identifying the case name as Solis v. Golden Years Enterprises, Inc. , et al. and including the

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employer’s tax identification number. Copies shall be sent to:
U.S. Department of Labor
Wage Hour Division
300 Fifth Avenue, Suite 1130
Seattle, Washington 98104
In the event that any employee listed on Exhibit A cannot be located, or refuses to accept

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the payment, 65 calendar days after the payment is due, Defendants shall deliver to Plaintiff a

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certified check covering the total net due all such employees payable to U.S. Department of

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Labor, Wage and Hour Division, accompanied by a list of the employees for whom the checks

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represent backwage payment, their Social Security Numbers, the legal deductions made from the

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gross amounts due, and the employee’s last known address.

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Plaintiff shall distribute the monies paid by Defendants for employees Defendants could

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not locate to the employees identified or their estates if that is necessary. Any money not so paid

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within three years because of inability to locate said employees or because of their refusal to

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accept said proceeds shall be deposited forthwith with the Treasury of the United States pursuant

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to 28 U.S.C. § 2041.
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III
IT IS FURTHER ORDERED that the rights of any of the Defendants’ employees or exemployees not specifically mentioned in Exhibit A to this Judgment, to back wages under the
Act, are neither affected nor extinguished by this Judgment and neither party to the action

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GOLDEN YEARS ENTERPRISES, INC. CONSENT JUDGMENT PAGE 3 OF 5
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
300 Fifth Avenue, Suite 1120
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]

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intends or contemplates that the Judgment entered in this action will affect such rights if any.

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IV

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IT IS FURTHER ORDERED that each party shall bear its own fees and other expenses
incurred by such party in connection with any stage of this proceeding.

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DATED this 26th day of April 2013.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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GOLDEN YEARS ENTERPRISES, INC. CONSENT JUDGMENT PAGE 4 OF 5
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
300 Fifth Avenue, Suite 1120
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]

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Presented by:

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UNITED STATES DEPARTMENT OF
LABOR

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M. Patricia Smith
Solicitor of Labor

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Janet M. Herold
Regional Solicitor
Bruce L. Brown
Associate Regional Solicitor

Entry of this Judgment is hereby Consented
to:

_______________________________
Elizabeth C. Alas, individually and as an
authorized representative of Golden Years
Enterprises, Inc.

Dated: __________________________

Jeremiah Miller
Trial Attorney

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By _______________________________
Jeremiah Miller,
Trial Attorney
U.S. Dept. of Labor
300 Fifth Avenue, Suite 1120
Seattle, WA 98104

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Dated: _____________________________

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GOLDEN YEARS ENTERPRISES, INC. CONSENT JUDGMENT PAGE 5 OF 5
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SOLICITOR
300 Fifth Avenue, Suite 1120
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]

EXHIBIT A

EMPLOYEE

LIQUIDATED
BACKWAGES
DAMAGES

GROSS
AMOUNT
DUE

Eleni Aldera

$1,090.56

$1,090.56

$2,181.12

Queenie Bactad

$2,217.76

$2,217.76

$4,435.52

Aristotle Bobila

$2,816.60

$2,816.60

$5,633.20

Fidel Bohol

$1,345.23

$1,345.23

$2,690.46

Junario Campo

$9,246.02

$9,246.02

$18,492.04

Darlene Comiso

$4,889.75

$4,889.75

$9,779.50

Marcelina Daligdig

$1,649.51

$1,649.51

$3,299.02

Dora Dugenia

$4,074.27

$4,074.27

$8,148.54

Yolanda Esquerra

$2,814.56

$2,814.56

$5,629.12

Ronald Esteban

$11,372.95

$11,372.95

$22,745.90

Georgia Esteron

$3,516.96

$3,516.96

$7,033.92

Dave Estrella

$11,515.44

$11,515.44

$23,030.88

Delfin Fajardo

$303.41

$303.41

$606.82

Felicidad Limon

$9,742.58

$9,742.58

$19,485.16

Janet Magalang

$7,058.83

$7,058.83

$14,117.66

Gendveva Paras

$756.39

$756.39

$1,512.78

Dolores Parinas

$7,564.45

$7,564.45

$15,128.90

Elvira Raz

$4,601.27

$4,601.27

$9,202.54

Impelita Raz

$7,008.52

$7,008.52

$14,017.04

EXHIBIT A TO CONSENT JUDGMENT - PAGE 1

PERIOD
COVERED
8/6/2011 to
12/3/2011
12/2/2009 to
8/4/2010
2/5/2011 to
8/6/2011
10/1//2011 to
12/3/2011
12/2/2009 to
11/30/2011
12/2/2009 to
3/2/2011
6/4/2011 to
10/1/2011
12/2/2009 to
11/30/2011
12/5/2009 to
7/31//2011
12/5/2009 to
9/3/2011
4/3/2010 to
1/1/2011
1/6/2010 to
11/30/2011
11/5/2011 to
12/3/2011
12/5/2009 to
4/2/2011
1/2/2010 to
12/3/2011
8/6/2011 to
10/1/2011
12/5/2009 to
1/1/2011
12/2/2009 to
1/5/2011
12/5/2009 to
1/1/2011

EMPLOYEE

BACKWAGES

LIQUIDATED
DAMAGES

GROSS
AMOUNT
DUE

Juan Raz

$7,000.75

$7,000.75

$14,001.50

Melissa Saflor

$135.23

$135.23

$270.46

Efren Suarez

$12,582.24

$12,582.24

$25,164.48

Mary Jane Tantoo
Maria Victoria
Thomson

$1,961.40

$1,961.40

$3,922.80

$14,861.27

$14,861.27

$29,722.54

Arnold Vargas

$6,822.46

$6,822.46

$13,644.92

Irene Villanueva

$1,028.25

$1,028.25

$2,056.50

Erlina Vintayen

$1,637.99

$1,637.99

$3,275.98

Total

$139,614.65

$139,614.65

$279,229.30

EXHIBIT A TO CONSENT JUDGMENT - PAGE 2

PERIOD
COVERED
12/5/2009 to
1/1/2011
11/2/2011 to
11/30/2011
12/2/2009 to
8/31/2011
4/6/2011 to
11/30/2011
12/2/2009 to
11/30/2011
12/5/2009 to
1/1/2011
4/2/2011 to
8/6/2011
2/6/2010 to
7/31/2010