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Hilda L. Solis, Secretary of Labor, United States Department of Labor v. Buddha Boy

November 28, 2012

HILDA L. SOLIS, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF,
v.
BUDDHA BOY, INC., A CALIFORNIA CORPORATION DOING BUSINESS AS THAI DISHES ON BROADWAY;MICHAEL WITTE A.K.A. MIKE WITTE, INDIVIDUALLY, AND AS THE MANAGING AGENT OF THE CORPORATE DEFENDANT; AND TERAWAT SORRAYUTSANEE A.K.A. TOMMY SORRAYUTSANEE, INDIVIDUALLY, AND AS THE MANAGING AGENT OF THE CORPORATE DEFENDANT, DEFENDANTS.



The opinion of the court was delivered by: John A. Kronstadt U.S. District Court Judge

CONSENT JUDGMENT

Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of Labor ("Secretary" or "Plaintiff") and defendants Buddha Boy, Inc., a California corporation d.b.a. Thai Dishes on Broadway ("Corporate Defendant"), Michael Witte a.k.a. Mike Witte, individually and as managing agent of the Corporate Defendant, and Terawat Sorrayutsanee a.k.a. Tommy Sorrayutsanee, individually and as managing agent of the Corporate Defendant (hereafter collectively referred to as the "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. Secretary has filed a First Amended Complaint alleging that Defendants violated provisions of Sections 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended ("FLSA"), 29 U.S.C. §§ 215(a)(2) and 215(a)(5).

B. The Defendants have appeared by counsel and acknowledge receipt of a copy of the Secretary's First Amended Complaint.

C. The Defendants waive issuance and service of process. In lieu of answering the First Amended Complaint and asserting any defenses thereto, the Defendants have agreed to the terms of this Consent Judgment.

D. 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.

E. The 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.

F. Defendants understand and agree that demanding or accepting any of the funds due employees under this Judgment or threatening any employee for accepting money due under this Judgment or for exercising any of their rights under the FLSA is specifically prohibited by this Judgment and may subject the Defendants to equitable and legal damages, including punitive damages and civil contempt.

It is therefore, upon motion of the attorneys for the Secretary, and for cause shown, ORDERED, ADJUDGED, AND DECREED that the Defendants, their officers, managing agents, 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, permanently enjoined and restrained from violating the provisions of Sections 15(a)(2) and 15(a)(5) of the FLSA, 29 U.S.C. §§215(a)(2) and 215(a)(5), in any of the following manners:

1. Defendants shall not, contrary to FLSA § 6, 29 U.S.C. § 206, pay any employee who in any workweek is engaged in 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), wages at a rate less than $7.25 an hour, or less than the applicable minimum rate as may hereafter be established by amendment to the FLSA.

2. Defendants shall not, contrary to FLSA § 7, 29 U.S.C. § 207, employ any employee who in any workweek is engaged in 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), for any workweek longer than 40 hours unless such employee receives compensation for his or her employment in excess of 40 hours in such workweek at a rate not less than one and one-half times the regular rate at which he or she is employed, unless such employee is properly classified as exempt from the FLSA overtime requirements.

3. Defendants shall not fail to make, keep, or 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/or 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.

4. Defendants, jointly and severally, shall not continue to withhold the payment of $36,440.07 in back wages and overtime pay hereby alleged to be due by the Secretary under the FLSA to 54 employees, as a result of their employment by Defendants during the period of March 23, 2011 through October 13, 2011 ("back wage accrual period") as set forth in the attached Exhibit 1, showing the name of each employee and listing on the same line the gross backwage amount due the employee and the period covered by the Consent Judgment. In so agreeing, Defendants do not admit wrongdoing or liability to the Plaintiff or any of its employees.

5. IT IS ORDERED AND ADJUDGED that the Secretary shall also have and recover from the Defendants, jointly and severally, the additional amount of $36,440.07(constituting 100 percent of the back wages that so became due and unpaid in each instance) as and for ...


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