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Acosta v. Colima's Carniceria Y Taqueria

United States District Court, E.D. California, Fresno Division

June 15, 2017

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, [1]Plaintiff,
v.
COLIMA'S CARNICERIA Y TAQUERIA, a California business; MARIA COBIAN, an individual; and MARTIN COBIAN, an individual, Defendants.

          Trial Dated: October 31, 2017

          KEVIN KOLIGIAN Attorney for Defendants Colima's Carniceria Taqueria, Maria Cobain and Martin Cobian

          MARIA COBIAN Individually and as managing agent for Defendant Colima's Carniceria y Taqueria

          SONYA SHAO, Attorney Attorneys for the Plaintiff

          Janet M. Herold, Regional Solicitor Daniel J. Chasek, Associate Regional Solicitor Sonya P. Shao, Attorney (CSBN 300832) Office of the Solicitor United States Department of Labor Attorneys for Plaintiff

          CONSENT JUDGMENT AND ORDER

          Lawrence J. O'Neill UNITED STATES CHIEF DISTRICT JUDGE

         Plaintiff Secretary of Labor and Defendants Colima's Carniceria y Taqueria, a California business; Maria Cobian, an individual; and Martin Cobian, an individual, (collectively “Defendants”) have agreed to resolve the matters in controversy in this civil action and consent to the entry of this Consent Judgment for violations of the Fair Labor Standards Act (“FLSA”).

         1. The Secretary filed a Complaint alleging that Defendants violated Sections 7, 11(c), 15(a)(2), and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended (“FLSA”), 29 U.S.C. §§ 207, 211(c), 215(a)(2), and 215(a)(5).

         2. Defendants admit that the Court has jurisdiction over the parties and subject matter of this civil action. Defendants further admit that venue lies in the eastern district court for the District of California.

         3. The Secretary and Defendants waive Findings of Fact and Conclusions of Law, and agree to entry of this Judgment in settlement of this action, without further contest.

         4. Defendants acknowledge that they and any individual or entity acting on their behalf or at their direction or in conjunction with Defendants have notice of, and understand, the provisions of this Consent Judgment and Order.

         5. Defendants admit that at all relevant times Colima's Carniceria y Taqueria was an enterprise engaged in commerce or in the production of goods for commerce within the meaning of Section 3(s)(1)(A) of the FLSA, 29 U.S.C. § 203(s)(1)(A).

         6. Defendants admit that at all relevant times Colima's Carniceria y Taqueria, Maria Cobian, and Martin Cobian were employers of Colima's employees within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).

         7. Defendants admit that during the period December 7, 2012 to December 6, 2015, Defendants failed to pay employees time and a half their regular rate for hours that employees worked over 40 in a workweek.

         8. Defendants admit that during the period December 7, 2012 to December 6, 2015, Defendants failed to make, keep, and preserve accurate records of the wages, hours, and other conditions and practices of employment.

         9. Defendants understand and expressly acknowledge that demanding or accepting any of the monies due to any current or former employees under this Consent Judgment and Order, threatening any employee for accepting monies due under this Consent Judgment and Order, or threatening any employee for exercising any of his or her rights under or related to the FLSA is specifically prohibited and may subject Defendants to equitable and legal damages, including punitive damages and civil contempt.

         10. Defendants shall not attempt, in any way, to coerce their employees into accepting straight time pay for hours over forty in a workweek - this includes, but is not limited to, coercing employees into signing waivers of their FLSA rights, which would be unenforceable in any event.

         11. It is therefore, upon motion of the attorneys for the Secretary, and for cause shown, HEREBY ORDERED, ADJUDGED, AND DECREED that under Section 17 of the FLSA, 29 U.S.C. § 217, Defendants, their agents, and all those in active concert or participation with Defendants or acting on their behalf or at their direction, including but not limited to family members or friends in active concert or participation with Defendants or family members or friends acting on their behalf or at their direction, are permanently enjoined and restrained from violating the provisions of the FLSA, in any of the following manners:

         12. Defendants shall not, contrary to Sections 7 and 15(a)(2) of the FLSA, 29 U.S.C. §§ 207 and 215(a)(2), pay any of their employees who in any workweek are engaged in commerce or the production of goods for commerce, or who are employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of the FLSA, less than time and one half the employees' regular rate for hours worked in excess of 40 hours in a workweek. ...


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