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Solis v. Alton Hotel Management

April 1, 2009

HILDA L. SOLIS*FN1, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF,
v.
ALTON HOTEL MANAGEMENT, INC. DOING BUSINESS AS RAMADA INN, A CALIFORNIA CORPORATION; LINDA CHU, INDIVIDUALLY AND AS MANAGING AGENT OF THE CORPORATE DEFENDANT; AND, ALEX CHU, INDIVIDUALLY AND AS MANAGING AGENT OF CORPORATE DEFENDANTS, DEFENDANTS.



CONSENT JUDGMENT

1) Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of Labor ("Secretary") and defendants Alton Hotel Management, Inc. doing business as Ramada Inn, a California corporation, Linda Chu, individually and as managing agent of the corporate defendant and Alex Chu, individually and as managing agent of the corporate defendant (collectively, "defendants"), have agreed to resolve the matters in controversy in this civil action and consent to the entry of this Consent Judgment in accordance herewith:

A. The Secretary has filed a Complaint alleging that defendants violated provisions of Sections 15(a)(2), 15(a)(3) and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended ("FLSA"), 29 U.S.C. §§ 215(a)(2), 215(a)(3) and 215(a)(5).

B. Defendants have appeared and after having been advised by the plaintiff of the right to retain defense counsel, acknowledge receipt of a copy of the Secretary's Complaint, waive issuance and service of process and waive answer and any defense herein.

C. The Secretary and defendants waive Findings of Fact and Conclusions of Law, and agree to the entry of this Consent Judgment in settlement of this action, without further contest.

D. Defendants admit that the Court has jurisdiction over the parties and subject matter of this civil action and that venue lies in the Central District of California.

E. Defendants are entering into this Consent Judgment in order to speedily and efficiently resolve this litigation.

It is therefore, upon motion of the attorneys for the Secretary, and for cause shown,

ORDERED, ADJUDGED, AND DECREED that the defendants, their officers, agents, servants, and employees and those persons in active concert or participation with them who receive actual notice of this order (by personal service or otherwise) be, and they hereby are, pursuant to FLSA § 17, 29 U.S.C. § 217, permanently enjoined and restrained from violating the provisions of Sections 15(a)(2), 15(a)(3) and 15(a)(5) of the FLSA, 29 U.S.C. §§ 215(a)(2), 215(a)(3) and 215(a)(5), in any of the following manners:

1. Defendants shall not, contrary to FLSA § 7, 29 U.S.C. § 207, employ any employee who in any workweek is engaged in commerce or in the production of goods for commerce, within the meaning of the FLSA, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of FLSA § 3(s), 29 U.S.C. § 203(s), for any workweek longer than 40 hours unless such employee receives compensation for his or her employment in excess of 40 hours in such work-week at a rate not less than one and one-half times the regular rate at which he or she is employed.

2. Defendants shall not fail to make, keep, make available to authorized agents of the Secretary for inspection, transcription, and/or copying, upon their demand for such access, and preserve records of employees and of the wages, hours, and other conditions and practices of employment maintained, as prescribed by regulations issued, and from time to time amended, pursuant to FLSA §§ 11(c) and 15(a)(5), 29 U.S.C. §§ 211(c) and 215(a)(5) and the implementing regulations found in Title 29, Code of Federal Regulations, Part 516.

3. Defendants shall not, contrary to FLSA § 15(a)(3), 29 U.S.C. § 215(a)(3), discharge or otherwise discriminate against any employee for exercising any right protected by the FLSA.

4. Defendants, jointly and severally, shall not continue to withhold the payment of $9,250.00 in unpaid overtime pay hereby found to be due under the FLSA to the employees named on the attached Exhibit 1. Exhibit 1 shows the name of each employee, the gross back wage amount due the employee and the period covered by the Consent Judgment; and it is further

ORDERED, ADJUDGED, AND DECREED that judgment is hereby entered, pursuant to FLSA § 16(c), 29 U.S.C. § 216(c), in favor of the Secretary and against the defendants in the total amount of $9,250.00 representing unpaid back wages as described in paragraph 3 above; and it is further

ORDERED that to satisfy the monetary portions of this Judgment, the defendants, jointly and severally, shall not fail to deliver to the Secretary's authorized representatives at the Wage and Hour Division, United States Department of Labor, 100 N. ...


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