The opinion of the court was delivered by: The Honorable John F. Walter United States District Judge
Mary K. Alejandro Acting Regional Solicitor Daniel J. Chasek Associate Regional Solicitor GRACE A. KIM, Trial Attorney (CSBN 247456) Office of the Solicitor (Sol # 1119433) United States Department of Labor 350 S. Figueroa St., Suite 370 Los Angeles, California 90071 Direct: (213) 894-3950 Facsimile: (213) 894-2064 Email: firstname.lastname@example.org Attorneys for Plaintiff JS-6
Court Trial Date: June 26, 2012
Plaintiff, HILDA L. SOLIS, Secretary of Labor, United States Department of Labor ("Plaintiff" or the "Secretary") and Defendants T&P RESTAURANT CORPORATION, doing business as THAI PARADISE RESTAURANT ("Corporate Defendant"), PRATERNG WINNIE CHU, individually and as managing agent of the Corporate Defendant ("Defendant Chu") and DAVID LU, individually and as managing agent of the Corporate Defendant ("Defendant Lu")*fn1 (the Corporate Defendant, Defendant Chu, and Defendant Lu are hereafter collectively referred to as "Defendants") have agreed to resolve all matters in controversy in the above-captioned civil action and consent to entry of this Consent Judgment in accordance herewith:
A. The Secretary filed a Complaint alleging that Defendants violated provisions of Sections 6, 7, 11, 15(a)(2), and 15(a)(5), 29 U.S.C. §§ 206, 207, 211, 215(a)(2), and 215(a)(5), respectively, of the Fair Labor Standards Act of 1938, as amended ("FLSA"). (Doc. 1.)
B. 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.
C. Defendants admit that the Court has jurisdiction over Defendants and subject matter of this civil action and that venue lies in the district court for the Central District of California.
D. Defendants represent that they 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 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 Section 17 of the FLSA, 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 Section 6 of the FLSA, 29 U.S.C. § 206, 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, at wage rates less than $7.25 per hour, or less than the applicable minimum rate as may hereafter be established by amendment to the FLSA.
2. Defendants shall not, contrary to Section 7 of the FLSA, 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, for a workweek longer than 40 hours unless said employee is paid at a rate of time and one-half his regular rate for all hours worked in excess of 40 hours in a workweek.
3. Defendants shall not fail to make, keep, and make available to authorized agents of the Secretary (for inspection, transcription, and/or copying, upon their demand for such access) and shall 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 Sections 11(c) and 15(a)(5) of the FLSA, 29 U.S.C. §§ 211(c) and 215(a)(5), respectively, and the implementing regulations found in Title 29, Code of Federal Regulations, Part 516.
4. Defendants shall not, contrary to Section 15(a)(3) of the FLSA, 29 U.S.C. § 215(a)(3), discharge or otherwise discriminate against any current or former employee ...