Opinion
Civil Action No. 3:12-cv-00424
07-31-2013
THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, Plaintiff, v. R&R TAKHAR OPERATIONS, INC.
MICHAEL J. BURDGE, ESQ. Attorney for Defendant Young, Pryor, Lynn & Jerardi SANDRA B. KRAMER, ESQ. Sr. Trial Attorney U.S. Department of Labor
JUDGMENT
Plaintiff has filed her complaint and defendant without admitting any of the allegations in the complaint, waives issuance and service of process, acknowledges receipt of a copy of the Complaint filed herein and without further pleadings agrees to the entry of this Judgment in accordance with the Stipulation between the parties filed herein. It is therefore, upon motion of the attorney for Plaintiff, and for cause shown:
ORDERED, ADJUDGED AND DECREED that Defendant, its agents, servants, employees and those in active concert with it, are permanently enjoined and restrained from the violating the provisions of § 15(a)(2) and § 15(a)(5) of the Fair Labor Standards Act of 1938, hereinafter referred to as the Act, in any of the following manners:
(1) The Defendant shall not, contrary to Section 6 of the Act, pay any of its employees engaged in commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the Act as aforesaid, wages at less than the applicable minimum wage.
(2) The Defendant shall not, contrary to Section 7 of the Act, employ any of its employees engaged in commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce or in the production of goods for commerce, as defined by the Act, for workweeks longer than forty (40) hours, unless the employee receives compensation for his employment in excess of forty (40) hours at a rate not less than one and one-half times the regular rate at which he is employed.
(3) The Defendant shall not fail to make, keep and preserve records of its employees, and of the wages, hours and other conditions and practices of employment maintained by them, as prescribed by regulations of the Administrator or the Secretary of Labor issued, and from time to time amended, pursuant to Section 11(c) of the Act, and found in Title 29, Chapter V, Code of Federal Regulations, Part 516.
It is FURTHER ORDERED that the Plaintiff recover from Defendant the total sum of $121,140.86 for which execution may issue, to be distributed to Defendant's employees listed in the Exhibit "A" attached hereto in the amounts set forth following each employee's name. This amount shall be paid upon signing of this Judgment and forward to Sandra B. Kramer, 881 Federal Office Bldg., 1240 E. 9th St., Cleveland, Ohio 44199.
Defendant shall make payment to the Plaintiff for disbursement as prescribed by law. Any money not so distributed by the Plaintiff within a reasonable time because of Plaintiff's failure to locate the proper person or because of such person's refusal to accept such money shall be covered into the Treasury of the United States as miscellaneous receipts. It is further ORDERED, ADJUDGED AND DECREED that the Exhibit "A" attachment to this judgment be, and hereby is incorporated in and made a part of this Judgment.
Defendant shall not request, solicit, suggest, or coerce, directly or indirectly, any employee to return or offer to return to the Defendant or to someone else for the Defendant, any money in the form of cash, check, or any other form, for wages previously due or to become due in the future to said employee under the provisions of this judgment or the Act; nor shall Defendant 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 judgment or the Act except to the extent such funds are deposited in an employee's 401(K) account; nor shall Defendant discharge or in any other manner discriminate, nor solicit or encourage anyone else to discriminate, against any such employee because such employees has received or retained money due to him from the Defendant under the provisions of this judgment
Defendant represents that specific steps have been taken to ensure compliance with the Act, as set forth in the document "Employer Agreement of 6/12/12" attached hereto and incorporated herein an Exhibit "B." It is further ORDERED, ADJUDGED AND DECREED that no costs or disbursements are allowed.
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U.S. DISTRICT COURT JUDGE
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MICHAEL J. BURDGE, ESQ.
Attorney for Defendant
Young, Pryor, Lynn & Jerardi
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SANDRA B. KRAMER, ESQ.
Sr. Trial Attorney
U.S. Department of Labor
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Ranjit Takhar
President of R&R Takhar Operations, Inc.
542 Primrose Road
Tipp City, Ohio 45371
OF COUNSEL:
BENJAMIN T. CHINNI
Associate Regional Solicitor