Opinion
1:19-cv-00082
07-19-2021
MILTON STEWART SECRETARY OF LABOR v. COMPLETE HOME CARE SERVICES OF TN, INC.; KETURA ODEN; and, CONSUELA ODEN
Holmes, Magistrate Judge.
ORDER
HONORABLE WILLIAM L. CAMPBELL, JR., United States District Judge.
The plaintiff has moved for sanctions, specifically entry of default judgment, including damages and injunctive and other relief, and this matter having been referred to the Magistrate Judge for a report and recommendation and this Magistrate Judge having issued a report and recommendation for imposition of default judgment and other requested relief as sanctions, the report and recommendation of the Magistrate Judge is hereby ADOPTED and for the reasons discussed, default judgment, with the requested relief, will be entered in favor of the plaintiff against Defendants Home Care Services of TN, Inc., Ketura Oden, and Consuela Oden and
I. PERMANENT INJUNCTION
It is THEREFORE ORDERED, ADJUDGED and DECREED that Individual Defendants Ketura Oden and Consuela Oden, their agents, servants, employees, and all persons in active concert or participation with them who receive actual notice hereof, are permanently enjoined from violating the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq., hereinafter referred to as the Act, in any of the following manners:
1. They shall not, contrary to §§ 6 and 15(a)(2) of the Act, 29 U.S.C. §§ 206 and 215(a)(2), pay any employee who is engaged in commerce or in the production of goods for commerce, or who is employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of the Act, wages at a rate less than the applicable minimum hourly rate prescribed by said § 6 as now in effect or which hereafter may be made applicable by amendment thereto.
2. They shall not, contrary to §§ 7 and 15(a)(2) of the Act, 29 U.S.C. §§ 207 and 215(a)(2), employ any employee who is engaged in commerce or in the production of goods for commerce, or who is employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of the Act, for more than 40 hours in a workweek unless such employee is compensated for such hours in excess of 40 at an overtime rate of at least one and one-half times the regular rate at which such employee is employed.
3. They shall not, contrary to §§ 11(c) and 15(a)(5) of the Act, 29 U.S.C. §§ 211(c) and 215(a)(5), fail to make, keep, and preserve adequate and accurate employment records as prescribed by Regulation found at 29 C.F.R. Part 516.
4. They shall not, contrary to § 15(a)(3) of the Act, 29 U.S.C. §§ 215(a)(3), discharge or in any other manner discriminate against an employee because such employee has filed a complaint or instituted or caused to be instituted any proceeding under the Act.
It is FURTHER ORDERED, ADJUDGED and DECREED that judgment be and the same is hereby ENTERED in favor of Plaintiff against Defendants in the amount of $56, 444.59, representing back wages, liquidated damages and attorney's fees.
II. ORDER TO PAY
It is FURTHER ORDERED that Plaintiff shall recover damages from Defendants totaling $47, 533.21. This amount represents back wages in the amount of $20, 521.14 and liquidated damages in the amount of $27, 012.07. The back wages and liquidated damages are being paid to compensate the individuals listed on Exhibit A to the Complaint and on Schedule A appended hereto. These individuals were employed by the Defendants during the time periods listed on appended Schedule A. The private rights under the Act of any person not named or for periods not stated on the Schedule A shall not be terminated or otherwise affected by this proceeding. To comply with this provision of the order, Defendants shall do the following:
1. Within 30 days of this Order, the Defendants shall deliver to the United States Department of Labor, Wage and Hour Division, located at 1321 Murfreesboro Pike #204, Nashville, Tennessee 37217, twelve separate certified or cashier's checks or money orders made payable to “[name of individual employee] or Wage and Hour Division - Labor” for the total amount due to each employee or former employee identified on Schedule A, attached hereto, after deductions for income tax and the employee's share of F.I.C.A.
2. The Defendants shall remain responsible for the employer's share of F.I.C.A. arising from or related to the back wage payments. Within 30 days of this Order, the Defendants shall provide proof of payment of their share of F.I.C.A. to the Wage and Hour Division, along with the employer I.D. number and a schedule showing the last known address, social security number, gross payment amount, deductions, and net payment amount as to each employee/former employee.
3 . The Plaintiff shall then distribute the payments to the employees/former employees, or to their personal representatives, and any amounts not so distributed by Plaintiff within the period of three years after the date of this Consent Order, because of inability to locate the proper persons or because of such persons' refusal to accept such sums, shall be deposited into the Treasury of the United States as miscellaneous receipts.
It is FURTHER ORDERED that Defendants shall not request, solicit, suggest or coerce, directly or indirectly, any employee or former employee to return or to offer to return to Defendants, or to someone else for Defendants, any money in the form of cash, check or in any other form, for wages previously due or to become due in the future to said employees/former employees under the provisions of this order; nor shall Defendants accept, or receive from any employee, either directly or indirectly, any money in the form of cash, check or any other form for wages heretofore or hereafter paid to said employee under the provisions of this order; nor shall Defendants discharge or in any other manner discriminate, nor solicit or encourage anyone else to discriminate against any such employee/former employee because such person has received or retained money due from Defendants under the provisions of this order.
III. ATTORNEY'S FEES
It is FURTHER ORDERED that Defendants shall pay Plaintiff's attorney's fees in the amount of $8, 911.38. To comply with this provision, within 30 days of this Order, the Defendants shall deliver to the United States Department of Labor, Wage and Hour Division, located at 1321 Murfreesboro Pike #204, Nashville, Tennessee 37217 a certified or cashier's check payable to “Wage and Hour Division - Labor”.
It is FURTHER ORDERED that this Court shall retain jurisdiction of this action for the purposes of enforcing compliance with the terms of this order.
It is SO ORDERED.