United States District Court, C.D. California
R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff,
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
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
PAREKH Trial Attorney Attorneys for the Plaintiff U.S.
Department of Labor
[PROPOSED] CONSENT JUDGMENT
James Otero, United States District Judge.
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
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
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
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.
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:
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.
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 ...