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Perez v. Silver Age None-Emergency Medical Transportation, Inc.

United States District Court, Ninth Circuit

September 6, 2013

THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
SILVER AGE NONE-EMERGENCY MEDICAL TRANSPORTATION, INC., a California Corporation, dba ALL AROUND AMBULANCE; NV TRANSPORTATION SERVICES, INC, a California Corporation, Defendants.

Janet M. Herold, Regional Solicitor, Daniel J. Chasek, Associate Regional Solicitor Boris Orlov, Attorney (CSBN #223532), Office of the Solicitor United States Department of Labor, Los Angeles, California, Attorneys for the Plaintiff.

M. PATRICIA SMITH, Solicitor of Labor, for the Plaintiff.

Milana Vaisman, for Silver Age None-Emergency Medical Transportation Inc., Maya Vaisman, for NV Transportation Services, Inc., STANLEY P. LIEBER, Attorney, Attorneys for the Defendants, LIEBER WILLIAMS & LABIN, LLP.

CONSENT JUDGMENT

PERCY ANDERSON, District Judge.

Plaintiff Thomas E. Perez, Secretary of Labor, United States Department of Labor ("Secretary") and Defendants, Silver Age None-Emergency Medical Transportation, Inc., a California Corporation, doing business as All Around Ambulance, and NV Transportation Services, Inc., a California Corporation, (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. ยงยง 215(a)(2), 215(a)(3) and 215(a)(5).

B. Defendants have appeared and having retained defense counsel acknowledge receipt of a copy of the Secretary's Complaint.

C. Defendants waive issuance and service of process and waive answers and any defenses to the Secretary's Complaint.

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.

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 understand and agree that demanding or accepting any of the funds due employees under this Judgment or threatening any employee or retaliating against 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.

F. Defendants acknowledge that Defendants and any individual or entity acting on their behalf or at their direction (including but not limited to supervisors ore schedulers) have notice of, and understand, the provisions of this Consent Judgment.

G. Defendants understand and acknowledge that a U.S. Department of Labor investigation determined that they misclassified at least 22 of their employees who performed work as drivers of non-emergency medical transportation vehicles during the period from March 15, 2011 through and including March 14, 2013 ("Subject Period") as partners/shareholders ("Misclassified Employees").

H. Defendants understand and expressly acknowledge that the provisions and safeguards guaranteed under the FLSA to employees, including but not limited to those found in Sections 6, 7, 11(c), ...


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