THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, Plaintiff,
FASHION GRAPHICS, LLC a California Limited Liability Company, STEPHEN DEMKO, individually and as managing agent of Fashion Graphics, LLC, 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.
BORIS ORLOV, Attorney Date Attorneys for the Plaintiff, U.S. Department of Labor.
JOHN F. WALTER, District Judge.
Plaintiff Thomas E. Perez, Secretary of Labor, United States Department of Labor ("Secretary") and Defendants, Fashion Graphics, LLCa California Limited Liability Company and Stephen Demko, individually and as managing agent of Fashion Graphics, LLC(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 here-with:
A. The Secretary has filed a Complaint alleging that Defendants violated pro-visions of Sections 15(a)(1), 15(a)(2) and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended ("FLSA"), 29 U.S.C. §§ 215(a)(1), 215(a)(2) 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 answer 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, with-out further contest.
E. 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, 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, permanently enjoined and restrained from violating the provisions of Sections 15(a)(1), 15(a)(2) and 15(a)(5) of the FLSA, 29 U.S.C. §§215(a)(1), 215(a)(2) 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, 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 ...