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Solis v. RBR Meat Co.

July 23, 2009

HILDA L. SOLIS, SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR,*FN1 PLAINTIFF,
v.
RBR MEAT COMPANY, INC., A CALIFORNIA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Stephen V. Wilson United States District Judge

CONSENT JUDGMENT

Plaintiff has filed her Complaint and Defendants have appeared and, without admitting the truth of any of the allegations in the Complaint, have agreed to the entry of this Judgment without contest.

It is, therefore, upon motion of the Parties, and for cause shown:

I.

ORDERED, that Defendant, its officers, agents, servants, employees and those persons in active concert or participation with them be and hereby are permanently enjoined and restrained from violating the provisions of § 15(a)(2) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219), hereinafter called "the Act," in the following manners:

Defendant shall not, contrary to § 7 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, for a workweek longer than forty (40) hours unless the employee receives compensation for his/her employment in excess of forty (40) hours at a rate not less than one and one-half times the regular rate at which he/she is employed, and

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

II.

IT IS FURTHER ORDERED that the Plaintiff recover from Defendant the sum of $15,776.25 in back wages and liquidated damages for Defendant's employees, as listed and allocated in the attached Exhibit A.

Payment is to be made by check to each individual employee, less any customary payroll deductions. Defendant will be responsible for computing and paying all relevant employer payroll taxes, including any applicable federal, state or local taxes. Said payments shall be delivered directly to each employee. All payments must be made within 30 days of the entry of this Order.

Defendant shall, within 30 days of the entry of this order, provide Plaintiff with a list of checks sent out pursuant to the above paragraph. The list shall show the payee's name, address and telephone number, the gross amount paid each individual, and the deductions taken from the gross amount for each individual. Within 90 days of the entry of this order Defendant shall provide Plaintiff with copies of the front and back of each check that has been negotiated as of that date, or with proof of electronic payment for any employees paid electronically.

Any monies due under this Order which have not been negotiated by the appropriate employees within 100 days of the issuance of the check (due to Defendant's inability to locate said employee, to the employee's failure to negotiate the check within 90 days of issuance, or for any other reason) shall be combined and issued in certified check form, payable to the U.S. Department of Labor, and shall be mailed to:

U.S. Department of Labor Wage Hour Division 100 N. Barranca Ave., #850 West Covina, CA 91791

The check shall be accompanied by a letter identifying the case name as Chao v. RBR Meat Company, Inc., and include the employer's tax identification number. The check shall be in the net amount accompanied by a list of the employees for whom the check represents back wage payment, their Social Security Numbers, and the legal deductions made from the gross amounts due. Defendant will be responsible for computing and paying all relevant employer payroll taxes, including any applicable federal, state or local taxes. Plaintiff shall then distribute the monies paid by Defendant under this Judgment to the employees identified in Exhibit A or their estates if that is necessary. Any money not so paid within three years because of ...


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