THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, Plaintiff,
TYLER RESIDENTIAL CARE, INC., a California corporation; BENJAMIN PENALOSA and OFELIA PENALOSA, individuals. Defendants.
JANET M. HEROLD, Regional Solicitor, Daniel J. Chasek, Associate Regional Solicitor, NATALIE NARDECCHIA (CSBN 246486), Trial Attorney United States Department of Labor Office of the Solicitor, Los Angeles, CA, Attorneys for Plaintiff, Thomas E. Perez, Secretary, U.S. Department of Labor.
M. PATRICIA SMITH, Solicitor of Labor.
BENJAMIN PENALOSA, OFELIA PENALOSA, Defendants, as an individual and as managing agent of Tyler Residential Care, Inc., a corporation.
STEPHEN A. MADONI, Attorney for Tyler Residential Care, Inc., a corporation.
CONSENT JUDGMENT & ORDER
DEAN D. PREGERSON, District Judge.
Plaintiff Thomas E. Perez, Secretary of Labor, United States Department of Labor ("Plaintiff" or the "Secretary") having filed his Complaint, and Defendants Tyler Residential Care, Inc., a California corporation, and Benjamin Penalosa and Ofelia Penalosa, individuals (collectively "Defendants"), having been duly advised on the proceedings and having agreed to resolve the matters in controversy in this civil action, consent to the entry of this Consent Judgment in accordance herewith:
A. The Secretary has filed a Complaint alleging that Defendants violated pro-visions of Sections 6, 7, 11(c), 15(a)(2) and (5) of the Fair Labor Standards Act of 1938, as amended ("FLSA" or the "Act"), 29 U.S.C. §§ 207, 211(c), 215(a)(2) and (5).
B. Defendants have appeared, have obtained legal counsel, and 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, without 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 admit that they failed to pay their employees for all hours worked, in violation of the requirements of the FLSA. Defendants agree to compensate their employees for all hours worked regardless of whether the work was authorized or not. Defendants agree that all hours need to be compensated, including but not limited to time for in-service, interrupted sleep time, travel time, grocery shopping time, no staff coverage time, and additional hours worked for holidays while Defendants' clients are on the premises.
G. Defendants admit that they failed to accurately document hours worked in violation of the requirements of the FLSA. Defendants agree to accurately document all hours worked for all of their employees, and to maintain such records for two years for all nonexempt employees. Defendants agree to keep all earnings records for three years.
H. Defendants agree that it is a violation of the FLSA to take deductions from their employees' pay based on an employee's immigration status or nationality. Defendants agree to ...