Opinion
Case No. CV 10-6009 DSF (VBKx).
September 7, 2010
M. PATRICIA SMITH, Solicitor of Labor, Lawrence Brewster, Regional Solicitor, Daniel J. Chasek, Associate Regional Solicitor, Susan Seletsky, Attorney (CSBN #176106), Office of the Solicitor (Sol # 1018939), United States Department of Labor, Los Angeles, California, Attorneys for the Plaintiff.
MICHAEL Y. YI, Kim Park Choi Yi, Los Angeles, CA, Attorneys for Defendants.
CONSENT JUDGMENT ( 29 U.S.C. § 201 et seq.)
A. The Plaintiff, Hilda L. Solis, Secretary of Labor, United States Department of Labor ("Secretary"), has filed a Complaint alleging that Defendant Wisse America, Inc. doing business as Call Box, Inc., a California corporation, and Frank Kim, individually and as managing agent of the corporate Defendant ("Defendants"), violated provisions of Sections 15(a)(1), 15(a)(2), and 15(a)(5), 29 U.S.C. §§ 215(a)(1), 215(a)(2), and 215(a)(5), of the Fair Labor Standards Act of 1938, as amended ("FLSA").
B. Defendants have appeared and acknowledge receipt of a copy of the Secretary's Complaint.
C. Defendants waive issuance and service of process and waive answer and any defenses to the Secretary's Complaint.
D. 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, with out further contest.
E. 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.
F. Defendants have paid $6,808.06 in overtime backwages found due to their employees for the period of April 15, 2008 through April 15, 2010.
It is therefore, upon motion of the attorneys for the Secretary, and for cause shown,
ORDERED, ADJUDGED, AND DECREED that Defendants, their officers, agents, servants, and 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 they hereby are, permanently enjoined and restrained from violating the provisions of Sections 15(a)(1), 15(a)(2) and 15(a)(5) of the FLSA, 29 U.S.C. §§ 215(a)(1), 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 or the production of goods for commerce, within the meaning of the FLSA, or employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of Section 3(s) of the FLSA, 29 U.S.C. § 203(s), for a workweek longer than 40 hours unless the employee is paid for his or employment in excess of 40 hours in such workweek at a rate not less than one and one half the employee's regular rate at which he or she is employed.
2. Defendants shall not fail to make, keep, make available to authorized agents of the Secretary for inspection, transcription, and/or copying, upon their demand for such access, and preserve records of employees and of the wages, hours, and other conditions and practices of employment maintained, as prescribed by regulations issued, and from time to time amended, pursuant to FLSA §§ 11(c) and 15(a)(5), 29 U.S.C. §§ 211(c) and 215(a)(5) and the implementing regulations found in Title 29, Code of Federal Regulations, Part 516.
3. Defendants shall not, contrary to FLSA § 15(a)(1), transport, offer for transportation, ship, deliver, or sell in commerce (or ship, deliver, or sell with knowledge or reason to believe that shipment, delivery, or sale in commerce is intended) goods in the production of which any employee has been employed in violation of FLSA §§ 6 and/or 7, 29 U.S.C. §§ 206 and/or 207; and it is further,
ORDERED that each party shall bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding, including but not limited to attorneys' fees, which may be available under the Equal Access to Justice Act, as amended; and it is further,
ORDERED that this Court shall retain jurisdiction of this action for purposes of enforcing compliance with the terms of this Consent Judgment.
SO ORDERED.