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Acosta v. Castle Recycling Corp.

United States District Court, C.D. California

May 7, 2018

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
Castle Recycling Corp., doing business as Venus Recycling; Adrian Barba Ramirez, individually, and doing business as Star Recycling; Ivan Santos Molina, individually; Defendants. TOTAL: $65, 478.60

          For the Plaintiff: KATE S. O'SCANNLAIN Solicitor of Labor JANET M. HEROLD Regional Solieitor DANIEL CHASER Associate Regional Solieitor ANDREW J. SCHULTZ Senior Trial Attorney

          NISHA PAREKH Trial Attorney Attorneys for the Plaintiff U.S. Department of Labor

          [PROPOSED] CONSENT JUDGMENT AND ORDER

          S. James Otero, United States District Judge.

         Plaintiff R. Alexander Acosta, Secretary of Labor, United States Department of Labor ("Secretary") and Defendants, Castle Recycling Corp., Adrian Barba Ramirez, and Ivan Santos Molina (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 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) by: (1) scheduling employees to work for more than forty hours per week without compensating said employees for time worked in excess of 40 hours per week at rates not less than one and one-half times the regular rates at which they were employed; and (2) failing to maintain and preserve records to show adequately and accurately, among other things, the hours worked each workday and the total hours worked each workweek.
B. Defendants waive issuance and service of process, and waive their right to answer and any present any defenses to the Secretary's Complaint.
C. 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. Defendant Castle Recycling Corp. is doing business as Venus Recycling and Defendant Adrian Barba Ramirez is doing business as Star Recycling.
F. 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.
G. Defendants acknowledge that Defendants and any individual or entity acting on their behalf or at their direction (including but not limited to managers or supervisors at Defendants' recycling facilities) have notice of, and understand, the provisions of this Consent Judgment.

         INJUNCTION

         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, 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 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 § 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.

         2. Defendants shall not fail or refuse to aggregate the hours of employees who work at Star Recycling and Venus Recycling in the same workweek for purposes of computing overtime pay due if they ...


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