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Su v. The Exclusive Poultry, Inc.

United States District Court, Central District of California
Feb 20, 2024
2:23-cv-08185-MCS-SK (C.D. Cal. Feb. 20, 2024)

Opinion

2:23-cv-08185-MCS-SK

02-20-2024

JULIE A. SU, Acting Secretary of Labor, United States Department of Labor Plaintiff, v. THE EXCLUSIVE POULTRY, INC., et al., Defendants.

SEEMA NANDA Solicitor of Labor MARC A. PILOTIN, Regional Solicitor, BORIS ORLOV, Counsel for Wage and Hour, ANDREW M. KATZ (CSBN 350024), SONYA SHAO (CSBN 300832), Senior Trial Attorneys, NISHA PAREKH (CSBN 318393), Trial Attorney, UNITED STATES DEPARTMENT OF LABOR, Attorneys for Plaintiff Julie A. Su, Acting United States Secretary of Labor. Anthony k. McClaren, Esq., Attorney for Defendants Tony Bran and The Exclusive Poultry, Inc. Tony Branny, Defendant. The Exclusive Poultry, Inc. Defendant. For Plaintiff Acting Secretary of Labor, United States Department of Labor. NISHA PAREKH, Trial Attorney Attorneys for Plaintiff Julie A. Su, United States Acting Secretary of Labor.


SEEMA NANDA Solicitor of Labor MARC A. PILOTIN, Regional Solicitor, BORIS ORLOV, Counsel for Wage and Hour, ANDREW M. KATZ (CSBN 350024), SONYA SHAO (CSBN 300832), Senior Trial Attorneys, NISHA PAREKH (CSBN 318393), Trial Attorney, UNITED STATES DEPARTMENT OF LABOR, Attorneys for Plaintiff Julie A. Su, Acting United States Secretary of Labor.

Anthony k. McClaren, Esq., Attorney for Defendants Tony Bran and The Exclusive Poultry, Inc.

Tony Branny, Defendant.

The Exclusive Poultry, Inc. Defendant.

For Plaintiff Acting Secretary of Labor, United States Department of Labor.

NISHA PAREKH, Trial Attorney Attorneys for Plaintiff Julie A. Su, United States Acting Secretary of Labor.

[PROPOSED] FIRST AMENDED CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS TONY ELVIS BRAN AND THE EXCLUSIVE POULTRY, INC.

HON. MARK C. SCARSI, United States District Judge

Plaintiff Julie A. Su, Acting Secretary of Labor, United States Department of Labor, and Defendants THE EXCLUSIVE POULTRY, INC. and TONY ELVIS BRAN (“Defendants”) (collectively the “Parties”) have agreed to resolve the matters in controversy in this civil action and agree to the entry of this Amended Consent Judgment and Permanent Injunction (“Amended Consent Judgment”) as provided below.

STATEMENTS BY AND AGREEMENTS BETWEEN THE PARTIES

A. On September 29, 2023, the Acting Secretary filed her Complaint in the above-captioned proceeding, naming Defendants and alleging violations of Sections 3(m), 6, 7, 11(a), 11(c), 12, and 15(a)(1)-(5) of the FLSA, 29 U.S.C. §§ 203(m), 206, 207, 211(a), 211(c), 212, 215(a)(1)-(5).

B. Defendants acknowledge that they have been duly served with a copy of their respective summons and a copy of the Acting Secretary's Complaint in this action.

C. Defendants Tony Bran and The Exclusive Poultry, Inc. have filed Answers to the Acting Secretary's Complaint and served these on the Acting Secretary.

D. Defendants admit that the Court has jurisdiction over the Parties and the subject matter of this civil action, and that venue lies in the Central District of California.

E. The Parties agree to waive findings of fact and conclusions of law and agree to the entry of this Amended Consent Judgment without further contest.

F. Defendants agree herein to resolve all allegations of the Acting Secretary's Complaint.

G. Defendants admit that they employ all employees, including deboner, packer, cleaner, and other employees that processed poultry for Meza Poultry LLC, Valtierra Poultry LLC, Nollus's Poultry LLC, and Sullon Poultry Inc.

H. Defendants represent that they and all individuals and entities acting on their behalf or at their direction have notice of, and understand, the provisions of this Amended Consent Judgment.

I. Defendants acknowledge that violating any provision of this Amended Consent Judgment and Permanent Injunction may subject them to fines and penalties, including punitive damages, heightened civil monetary penalties, or contempt.

J. Following entry of the Consent Judgment and Permanent Injunction (Dkt. 78) that the Court entered on November 17, 2023 (“Consent Judgment”), Defendant Tony Bran has placed his property at 18681 Pacato Road, La Puente, California 91744 for sale and is refinancing his properties at 4740 Bandera Street, Montclair, California 91763, and at 218 S. 8th Ave., La Puente, CA 91746.

K. The Consent Judgment required Defendants to make an initial payment toward the judgment on November 30, 2023, which Defendants have completed. Defendants were to make payments toward the judgment in monthly installments starting on January 1, 2024. Defendants failed to make their January 1, 2024 payment.

L. To address the Acting Secretary's concerns regarding Defendants' liquidation of assets immediately following entry of the Consent Judgment and failure to make their January 1 payment, Defendants have agreed to provide the Acting Secretary with a deed of trust to secure the remainder of the judgment and to amend the payment plan.

M. Defendants represent that, since signing the Consent Judgment, they have not been engaged in poultry processing or in the sale of processed poultry products.

PERMANENT INJUNCTION

Pursuant to the statements and agreements above, upon joint motion of the attorneys for the Parties, and for cause shown, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 17 of the FLSA, 29 U.S.C. § 217, Defendants, their agents (including any entities contracted to provide labor or payroll services), servants, employees, companies, and all persons and entities acting at their direction or in concert or participation with their direction, are permanently enjoined and restrained from violating the FLSA, including through any of the following manners:

1. Contrary to Sections 6 and 15(a)(2) of the FLSA, paying any of their employees who in any workweek are engaged in commerce or in the production of goods for commerce or who are employed in an enterprise engaged in commerce within the meaning of the FLSA, wages at a rate less than the local prevailing minimum wage, which cannot be less than $7.25 per hour (or at a rate less than such other applicable minimum rate as may hereafter be established by amendment to the FLSA).

2. Contrary to Sections 7 and 15(a)(2) of the FLSA, paying any of their employees who in any workweek are engaged in commerce or in the production of goods for commerce or who are employed in an enterprise engaged in commerce within the meaning of the FLSA, less than one and half times the particular employee's regular hourly rate for hours worked in excess of 40 hours in a workweek.

3. Contrary to Sections 11(c) and 15(a)(5) of the FLSA, failing to make, keep, and preserve records of their employees and of the wages, hours and other conditions and practices of employment maintained by them, as prescribed by the regulations issued, and from time to time amended, pursuant to Section 11(c) of the FLSA and found in 29 C.F.R. Part 516, including for each employee, the hours worked each day and each workweek, the employee's regular hourly rate of pay, total daily or weekly straight time earnings, overtime rate of pay, total premium pay for overtime hours and identification of each deduction made from the employee's earnings along with a description of the basis/reason and method of calculation of the deduction.

4. Contrary to Section 11(a) of the FLSA, interfering or obstructing any investigation of the Acting Secretary, including by directing employees not to speak to the Acting Secretary or her representatives and/or otherwise deterring them from cooperating in any investigation of the Acting Secretary through threats and intimidation.

5. Contrary to Section 15(a)(3) of the FLSA, engaging in any retaliatory action, such as discharging or in any other manner discriminating against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under the FLSA, has testified or is about to testify in any such proceeding, or has otherwise exercised their rights under the FLSA by, among other things, testifying or otherwise reporting information to the Acting Secretary, or questioning whether the employer is paying the employee in compliance with prevailing law. Prohibited discriminatory and retaliatory actions include telling employees that communication with the Acting Secretary will result in immigration, legal, criminal or other action against them and/or otherwise deterring employees from cooperating with or speaking to the Acting Secretary's representatives through threats, bribes or intimidation. Other prohibited discriminatory and retaliatory acts include but are not necessarily limited to: termination; discharge; layoffs; threats of termination, discharge or lay off; reverifying the employment eligibility of an employee Defendants unlawfully terminated; reduction to employees' work schedules or wages; intimidation; failure to hire; and providing negative references.

6. Contrary to Sections 12(c) and 15(a)(4) of the FLSA, 29 U.S.C. §§ 212(c) and 215(a)(4), employing minor children in occupations for periods and under conditions which constitute oppressive child labor in an enterprise engaged in commerce or in the production of goods for commerce, including:

a. suffering permitting to work any person under the age of 16 years in violation of 29 C.F.R. § 570.35, including by requiring such persons to
work more than 40 hours in any 1 week when school is not in session; work more than 18 hours in any 1 week when school is in session; work more than 8 hours in any 1 day when school is not in session; work more than 4 hours in any 1 day when school is in session, including Fridays; and work between 7:00 a.m. and 7:00 p.m. in any 1 day, except during the summer (June 1 through Labor Day) when the evening hour will be 9:00 p.m.;
b. suffering or permitting to work any person under the age of 16 years in an occupation prohibited by 29 C.F.R. § 570.33, including but not limited to: work in freezers and meat coolers and all work in the preparation of meat for sale except as permitted by 29 C.F.R. § 570.34(j) and occupations that the Secretary of Labor, may, pursuant to section 3(1) of the FLSA, find and declare to be hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or well-being such as occupations in or about slaughtering and meat packing establishments; and
c. suffering or permitting to work any person under the age of 18 years in any hazardous occupation prohibited by 29 C.F.R. § 570.61 and 29 C.F.R. § 570.58, including but not limited to all deboning occupations and all occupations involved in the operation of power-driven hoisting apparatus such as forklifts or other high-lifts.

7. Contrary to Section 12(a) of the FLSA, shipping or delivering for shipment in commerce any goods produced in an establishment in the United States in or about which within thirty days prior to the removal of such goods therefrom any oppressive child labor has been employed.

8. Contrary to Section 15(a)(1) of the FLSA, transporting, offering for transportation, shipping, delivering, or selling in commerce, and/or shipping, delivering, or selling with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods that have been processed and/or produced by any employee whom Defendants failed to pay the overtime premium rate for hours worked over forty in the workweek.

9. Requesting, soliciting, suggesting, or coercing, directly, or indirectly, any 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 any other form, for wages previously due or to become due in the future, or other forms of monetary damages or relief, to said employee under the provisions of this Amended Consent Judgment, or the FLSA; or accepting or receiving from any employee, either directly or indirectly, any money in the form of cash, check, or any other form, for wages or monetary damages heretofore or hereafter paid to the employee under the provisions of this Amended Consent Judgment or the FLSA.

10. Bran shall execute the deed of trust to secure the payments described in paragraph 36. The deed of trust shall be recorded against the real property commonly known as 18681 Pacato Road, La Puente, California 91744 is attached hereto as Exhibit 3. Bran represents that he is the owner and CEO of T. B. LLC, the entity that owns the real property. Bran represents that the property is not encumbered and that it has sufficient equity to satisfy the remaining judgment amount of $1,535,193.80 against Defendants. The Acting Secretary shall record the deed of trust attached as Exhibit 3 once signed. Defendants agree not to further encumber the property until the deed of trust is recorded. If Defendants default on their payment obligations, they shall be given 30 days' written notice to cure the default (served electronically to Defendants' counsel of record). If Defendants fail to cure their default, Defendants will cooperate with and assist the Acting Secretary in executing on the deed of trust. Within 30 days of Defendants satisfying the payment obligations of the Amended Consent Judgment, including any interest or penalties for paying the amount due late, the Acting Secretary will provide Defendants with a deed of reconveyance to effectuate the cancellation and removal of the deed of trust associated with this Amended Consent Judgment. Defendants will then record the deed of reconveyance provided by the Acting Secretary to terminate the Acting Secretary's deed of trust.

11. Withholding payment of $1,699,755.08, which constitutes the back wages and retaliation damages found to be due by the Defendants under the FLSA to the employees, who are identified by name in Exhibit 1, which is incorporated in and made part of this Amended Consent Judgment.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 17 of the FLSA, 29 U.S.C. § 217, Defendants, their agents, servants, employees, companies, and all persons and entities acting at their direction or in concert or participation with their direction, shall take the following affirmative actions:

12. Within ten (10) days of the date of entry of this Amended Consent Judgment, and within fourteen (14) days of any subsequent change to the information below for a period of four (4) years, Defendants shall:

a. provide the Acting Secretary with the name of any business(es) they operate or use which produces (as defined by 29 U.S.C. § 203(j) and 29 C.F.R. § 570.108) poultry or meat, or which sells or delivers poultry;
b. provide the Acting Secretary with the names of any poultry processing company any Defendant has retained to produce (as defined in 29 U.S.C. § 203(j) and 29 C.F.R. § 570.108) poultry or meat, or which sell or deliver poultry, and include the company name, contact person, telephone number, and business address of each company;
c. provide to the Acting Secretary all addresses for any location at which they are processing poultry or engaged in any work related to the processing, sale, or delivery of poultry;
d. notify the Acting Secretary of any third-party entities, including
contractors, that are providing staffing services to Defendants, with an explanation of the services being provided, and to provide the Acting Secretary with a copy of any contract(s) entered into with such entities; and
e. provide the Acting Secretary with Defendants' address, telephone number, and email address, where they agree to be contacted for purposes of communicating about and carrying out the provisions of this Amended Consent Judgment.

13. For a period of four (4) years from the date of entry of this Amended Consent Judgment, Defendants must immediately notify and inform the Acting Secretary of any change to any of the information it previously provided to the Acting Secretary as required in Paragraph 12 above, including changes to its business name or corporate form, the location where it operates, and the retention or allowance of any other business or entity to manage employees or process poultry for it or at its facilities. Defendants shall also inform the Acting Secretary of any changes to their contact information. Defendants shall notify the Acting Secretary of any such changes no later than three (3) business days after any such changes have taken effect.

14. Within ten (10) days of commencing poultry processing operations, Defendants shall send a package consisting of a copy of the Notice of Rights attached hereto as Exhibit 2, followed in sequence by a copy of this Amended Consent Judgment, to all employees, and in a language that they understand, and post this Amended Consent Judgment and Notice of Rights in such languages in a location or locations visible to all employees, including the entrance to the workplace, any break areas, and in the primary workroom. Within three (3) days of posting the package in the worksite, Defendants shall send photographs to a Wage and Hour representative demonstrating that this provision has been adhered to.

15. For a period of at least four (4) years from following the date commencing poultry operations, Defendants shall ensure that a copy of this Amended Consent Judgment and Exhibit 2 is provided to the following persons or entities and in a language understood by the recipient as follows:

a. all future employees upon their retention who are hired or rehired following the entry of this Amended Consent Judgment;
b. all persons to whom they offer employment;
c. all persons or entities providing labor or payroll services to Defendants or their business operations;
d. all businesses and workers processing poultry at any poultry processing facility owned, operated, or controlled by any Defendant; and e. any individual or entity responsible for hiring, firing, supervising, paying, or otherwise managing Defendants' employees.

16. Within thirty (30) days of commencing poultry operations, Defendants shall provide FLSA training to all managers and supervisors working at its poultry processing facilities addressing, at a minimum, the FLSA provisions governing minimum wage, overtime, recordkeeping, child labor, anti-retaliation, and interference. Defendants shall pay an independent third-party contractor, who is not involved €n this litigation and is approved by a representative of the Acting Secretary, to conduct this training. A contractor will not be considered independent if it is related to Defendants on the date of this Amended Consent Judgment or represents Defendants involved in this action in any dealings with other parties or the Department of Labor. The training shall be for one session of not less than one hour with an opportunity for questions and answers. Any contractor must make reasonable efforts to communicate with Defendants' employees in languages with which the employees are comfortable, or if the situation requires, the contractor will hire an interpreter as dictated by a particular employee's circumstances. Defendants shall provide the Acting Secretary seven days' notice in advance of the training and permit the Acting Secretary's representative to attend the training. Defendants shall provide proof that this training has occurred within seven (7) days of completing this required training. Defendants shall provide the FLSA training required under this Paragraph on an annual basis for a period of at least four (4) years.

17. For a period of six (6) months after commencing poultry operations, Defendants shall not terminate, fire, layoff, or furlough any employee, including employees involved in processing poultry, such as deboners, packers, cleaners, or others, or participate in the termination, firing, layoff, or furloughing in any manner of employees involved in the processing of poultry, without first giving the employee and the Acting Secretary notice at least seven (7) days prior to such action describing who is being terminated, fired, laid off, or furloughed, and the non-retaliatory business justification for doing so.

18. For every employee laid off or terminated between August 31, 2023 through October 3, 2023, Defendants shall only provide neutral references for all employees, including employees involved in the processing of poultry, such as deboners, packers, cleaners, or others, upon request from any subsequent employer or any third party, by only providing the dates of the employment, job title of position held, and relevant pay information; no reference shall be made to any employment law proceedings.

19. For a period of four (4) years after commencing poultry operations, Defendants shall allow the Acting Secretary, its representatives, or agents to enter any location where any Defendant is processing, producing, shipping, or delivering for shipment any poultry to provide a one-hour FLSA Notice of Rights training to all nonmanagerial employees of Defendants and/or to freely speak to employees about Defendants' compliance with this Amended Consent Judgment and the FLSA. Defendants will tell employees that they can stop working during this training and Defendants will compensate employees for their time attending this training. The Acting Secretary or its representatives shall be authorized to enter these locations four-times per year to provide the training and speak with employes and shall be permitted to return as necessary to train any employees who may have been absent.

20. For a period of four (4) years after commencing poultry operations, Defendants shall post signs that are at least three (3) feet long and three (3) feet high at the entrances of any poultry processing facilities that they own, operate or control, in English, Spanish, and the Guatemalan languages of Qeqchi, and Mam, and in a manner that is conspicuous and visible to all employees and the public, stating that no one under the age of 18 is allowed to work at the facility or engage in deboning work, work in a meat cooler, or operate power driven machinery.

21. Upon the reopening of Defendants' poultry processing operations, or to the extent that Defendants' poultry processing operations have already reopened, Defendants shall:

a. Compensate all employees for all hours worked, including but not limited to time they spend waiting to be paid, waiting to count the number of boxes they have cut at the end of the day, waiting for poultry product to arrive, donning and doffing clothing or equipment mandatory to perform their job, and performing work that benefits Defendants in any manner.
b. Pay wages at rates no less than their rate(s) of pay on or before August 30, 2023, at least until April 25, 2024. Defendants may only change the wage rates following April 25, 2024 for a legitimate, non-pretextual business reason, which they must be prepared to provide the Acting Secretary, should she request this information in the future.
c. With respect to any employees who were working at the poultry
processing facilities owned, operated or controlled by Defendants and who were laid off, fired, or terminated on or after September 28, 2023, Defendants shall give a hiring preference to these employees to the extent there are positions available at any entity that produces poultry that Defendants sell. A “hiring preference” means that any available openings will be offered to these employees first before the positions are filled by other employees. In providing an offer, Defendants shall keep the offer open for at least seven (7) calendar days. Within ten (10) days of commencing operations, and on a monthly basis thereafter for one year, Defendants shall provide a report to the Acting Secretary detailing (1) the offers of employment they have made to these employees under this Amended Consent Judgment and the First Amended Stipulated Preliminary Injunction, including such employees' names and contact information; and (2) employees' acceptances or rejections of such offers.
d. Defendants shall require either a certificate of age pursuant to 29 C.F.R. 570 Subpart B or documentary evidence of age that meets the requirements of 29 C.F.R. § 570.7, for any employee if there is any reason to believe that the employee's age may be below the applicable minimum age for the occupation in which the employee is to be employed. Such certificate or documentary evidence of age should always be obtained where the employee claims to be only 1 or 2 years above the applicable minimum age for the occupation in which the employee is to be employed. A certificate or documentary evidence of age shall also be obtained for every employee claiming to be older than 2 years above the applicable minimum age if the employee's physical appearance indicates that this may not be true.

22. Within sixty (60) days of commencing operations, Defendants shall engage, at their own expense, an independent third-party monitor (“Independent Monitor”) to monitor compliance with the FLSA and the terms of this Amended Consent Judgment at all facilities where Defendants process poultry. Starting four months after Defendants retain the Independent Monitor, the Independent Monitor shall conduct at least quarterly unannounced visits to monitor Defendants' worksites, and more frequently if the Independent Monitor or the Acting Secretary determines additional monitoring to be warranted. The Independent Monitor shall be selected from a list of potential monitors provided by the Acting Secretary or as otherwise agreed upon with the Acting Secretary. The monitoring provision shall be in effect for three (3) years from the date of entry of this Amended Consent Judgment.

a. To ensure Defendants' compliance with the FLSA and this Amended Consent Judgment, the Independent Monitor must document, at a minimum: notes from employee interviews; the name, address, phone number of each employee performing work at the relevant facility and whether the employee is classified as FLSA exempt, FLSA non-exempt; if the employee is paid based on a daily rate; if the employee is paid in cash or by check; the start and end times of each employee's work day for every work day during the period covered by the third-party audit; the regular rate of pay for each employee; the gross weekly straight time and overtime wages owed to each employee for each pay period covered by the third-party audit based on the employee's hours worked and regular rate of pay; and the gross weekly straight time and overtime wages actually paid to each employee for each pay period covered by the third party audit;

b. The Independent Monitor shall conduct interviews with workers at the facilities where Defendants process poultry. Such interviews and other communications between workers and the Independent Monitor may be kept confidential (except to authorized representatives of the U.S. Department of Labor) at the option of each worker and copies of all notes and interviews conducted by the monitor must be turned over by the monitor to the District Director, West Covina office, U.S. Department of Labor, along with the audit report, if requested by the District Director, West Covina office, U.S. Department of Labor.

c. If Defendants and the Acting Secretary are not able to agree on a monitor, the Acting Secretary may file a motion asking the Court to select the Independent Monitor.

d. The Independent Monitor shall have the ability to communicate with Defendants' employees in their primary language(s), or, shall be provided with an interpreter as necessary at Defendants' expense.

e. Defendants shall cooperate fully with the Independent Monitor, including by permitting it to enter facilities where Defendants process poultry without prior notice; inspect the working conditions at such facilities; inspect all books, records, and documents requested by the Independent Monitor, including employee time, payroll, and personnel records; and perform other duties necessary to conduct the monitoring.

f. Subject to Paragraph 21(h), if the Independent Monitor finds violations of the FLSA, or regulations issued under the FLSA, that result in back wages due, Defendants shall pay the wages due within 30 days and shall prepare a written report concerning the violations found and payments made, and provide a copy of such report to the District Director of the Wage and Hour Division's West Covina office.

g. Subject to Paragraph 21(h), if the Independent Monitor directs changes in Defendants' policies and/or procedures, or directs Defendants to take action to comply with the FLSA or regulations issued under the FLSA, Defendants shall be required to do so promptly.

h. Should Defendants disagree with the findings and/or directives of the Independent Monitor, Defendants shall notify the Acting Secretary in writing within ten (10) business days of receiving the disputed instruction from the Independent Monitor describing the issues in dispute and explaining the reasons why they disagree with the Independent Monitor. The Acting Secretary shall thereafter make a determination. If Defendants disagree with the Acting Secretary's determination, the Acting Secretary at its discretion may present this issue to the Court for adjudication.

23. If any Defendant hires, retains or utilizes a third-party service provider to provide labor to process poultry within an establishment owned, operated or controlled by such Defendant (“Defendant's facility”), and/or otherwise to provide timekeeping or payroll services with respect to those workers processing poultry within Defendant's facility, then:

a. Defendant shall enter into a written contract with such third-party requiring that the third-party affirmatively:
i. acknowledge receipt and review of the Amended Consent Judgment;
ii. agree to provide a copy of the Amended Consent Judgment and Exhibit 2 to any employees or workers who work within Defendant's facility;
iii. agree to comply with the federal minimum wage, overtime, recordkeeping, and child labor provisions of the FLSA as well as all state law wage requirements;
iv. agree to screen all current and future workers to ensure that no oppressive child labor is being employed at Defendant's facility;
v. agree to implement and maintain a timekeeping system that accurately records the hours worked by employees consisting of the minimum requirements: employees must clock-in their start time and end time each day; employees must record their own hours and neither the third-party service provider nor Defendant shall clock-in for employees except to correct any timekeeping
errors, such as when an employee fails to appropriately clock-in or out;
vi. agree to allow Defendant access to all payroll and timekeeping records it creates for employees working within Defendant's facility;
vii. agree to comply with any investigation conducted by the Acting Secretary pursuant to Section 11 of the FLSA, including freely interviewing any employees or workers performing work within Defendants' facility; and
viii. agree to quarterly monitoring per the terms set forth in Paragraph 241;
b. At Defendant's expense, the Independent Monitor selected pursuant to Paragraph 22 above, shall conduct annual monitoring of any payroll or labor provider to ensure that such provider's payroll and labor practices with respect to the workers processing poultry within Defendant's facility are being compensated in compliance with the FLSA, that no oppressive child labor is being employed within Defendant's facility, and that the third-party is otherwise complying with the above terms of the contract as set forth above in Paragraphs 242(a)(i) to (viii);
c. Defendant shall notify the Acting Secretary of any suspected or actual violations of the FLSA which are occurring with respect to any workers performing work within Defendant's facility within three (3) business days of learning of such suspected or actual violations.

24. Defendants are permanently enjoined from communicating, directly or indirectly, in any manner to any third party, such as other owners of poultry processing companies, regarding whether any employee may have or may be perceived to have engaged in protected activity under the FLSA, including but not limited to any connection any employee may have with a Department of Labor, and are specifically enjoined from taking any other action to restrict or blacklist such employee from seeking or obtaining any other work.

25. Defendants have an ongoing duty to provide the Acting Secretary with access to all records required to be made, kept, or preserved under Section 11 of the FLSA, including all other time, piece rate, employee, and payroll records, upon request and no later than three (3) days after such request is made.

26. Should Defendants maintain a video monitoring system of employees and/or workers, Defendants shall immediately provide the Acting Secretary with access to review this footage upon request. The requirements of this Paragraph shall remain in effect for a period of at least four (4) years from the date of entry of this Amended Consent Judgment.

27. Defendants have an ongoing duty to provide an earnings statement to each of their employees, and ensure that any employee employed to assist in the processing of poultry, such as deboners, packers, cleaners, or others, each time they are paid, beginning with the first paycheck issued following entry of this Amended Consent Judgment, with the following information: (1) gross wages paid to the employee each workweek; (2) total hours worked each workweek; (3) a list of itemized deductions from employees' pay; (4) net wages earned; (5) the inclusive start and end dates of the pay period; (6) the employee's name and employee identification number; (7) the applicable hourly rates (including straight time and overtime rates) and corresponding number of hours worked at each hourly rate, or, as applicable, the applicable piece rates (including the precise formula used to calculate the piece rate and overtime rates) and corresponding number of pieces worked at each piece rate; (8) total straight-time wages paid; and (9) total overtime wages paid. Defendants shall produce these earnings statements to the Acting Secretary upon request and no later than three (3) days after such request is made.

28. All documents produced by Defendants as required under this Amended Consent Judgment must be produced in an electronic, searchable format to the extent Defendants' documents are maintained or may be generated in such a format. If a document is neither maintained nor may be generated in an electronic, searchable format, then Defendants shall produce the document in an electronic format with all metadata intact to the extent such metadata exists. If a subject document is produced in a comma-separated-values (“CSV”) file, such as an Excel spreadsheet, then the documents must be produced in such format and not converted to a PDF. Documents must be organized in a manner that clearly identifies the nature of the documents.

29. Defendants have an ongoing duty to comply with the FLSA as specified above and in all other respects, including but not limited to the minimum wage requirements under Section 6 of the FLSA, 29 U.S.C. § 206, including compensating employees for any wait time as required under 29 C.F.R. Part 785. Defendants shall also provide any “rest and recovery periods and other nonproductive time” as required under California Labor Code Section 226.2 and compensate any time donning and doffing equipment as required under 29 C.F.R. Part 790; and reimburse any expenses incurred by an employee in furtherance of his employer's interests and properly reimbursable by the employer as required under Section €)(2) of the FLSA, 29 U.S.C. § 207(e)(2), such as expenses incurred by employees in connection with the purchase or maintenance of equipment, tools, clothing, and supplies required for the employee's work.

30. Defendants, their agents, servants, and employees, and any person in active concert or participation with them, shall not in any way directly or indirectly, demand, require or accept any of the back wages, monetary damages, or liquidated damages from the individuals listed on the operative Exhibit 1. Defendants shall not threaten or imply that adverse action will be taken against any employee because of their receipt of funds to be paid under this Amended Consent Judgment. Violation of this Paragraph may subject Defendants to equitable and legal damages, including punitive damages and civil contempt.

31. Defendants have an ongoing duty to comply with the FLSA and maintain payroll practices at any business they own, operate, or control, currently and in the future, as follows:

a. Defendants shall accurately record the information required by 29 C.F.R. § 516.2 in the payroll records, including, for each employee (1) all hours worked by each workday and workweek, including all pre- and post-shift work such as maintaining clothing, tools, and supplies, and donning and doffing; (2) the rate(s) of pay for each of the hours worked during a workweek; (3) the number of pieces completed by each workday and workweek, if employee is paid per piece; (4) the total weekly straight-time earnings due for the hours worked during the workweek; (5) the total premium pay for overtime hours; and (6) the dollar value of all equipment, tools, clothing, and supplies paid for and used in or specifically required for the employee's work;
b. Defendants shall record all wages paid to employees, regardless of the manner of payment, on payroll records;
c. Defendants shall not alter or manipulate time or payroll records to reduce the number of hours actually worked by an employee, and Defendants shall not encourage workers to under-report their hours worked; and
d. Defendants shall not direct supervisors, employees, or payroll preparers to falsify time or payroll records in any manner including reducing the number of hours worked by employees, and Defendants shall direct supervisors and payroll providers to encourage workers to report all hours worked.

32. Upon commencing poultry operations, if Defendants choose to calculate pay through any type of individual production-based system, such as a piece rate system, Defendants shall provide the following written notice to all piece rate employees immediately upon hire (or rehire), and in a language understand to them, and shall place the notice prominently around the workplace. The notice shall be translated into Spanish and any other language necessary for employees to be able to read the notice, and it shall read as follows:

Employees who are paid on a piece rate still get overtime payments. You are entitled to advance notice of any piece rate payment, including exactly how the piece rate is calculated. You are entitled to advance notice if your employer makes any change to the piece rate payment. You are entitled to an individual piece rate and cannot be required to accept a group piece rate. Your regular piece rate payment does NOT include overtime, but it does include straight time pay for all hours worked. If you work more than 40 hours in a work week, your employer must pay you a premium for overtime, above and beyond your piece rate. For example, if you worked 50 hours in a workweek and earned $1,000 from your piece rate work, your employer must pay you $100 in overtime. This amount is calculated by taking your $1,000 pay and dividing it by the 50 hours you worked to get $20 per hour. $20 per hour is your regular rate. The overtime premium means you must get paid 1.5 times of your regular rate. For the extra 10 hours you worked that week, you should have gotten paid $20 x 1.5 = $30 per hour. Since your employer paid you $20/hour, your employer owes you $10 overtime premium for the 10 hours you worked past 40 hours, meaning your employer owes you 10 x $10 or $100. Your employer must give you a pay stub that shows your weekly earnings, how those earnings were calculated, and shows all deductions. Your employer must pay you for any time that you spend putting on or removing tools and clothes you are required to wear for work, such as knives to cut chicken or gloves, robes, and hairnets for your safety and food hygiene. Lastly, your employer must pay you for certain “wait time,” such as time spent waiting for poultry to
arrive, time spent waiting to count to count the number of boxes of poultry that are cut, and time spent waiting to be paid.

33. For purposes of contacting the Acting Secretary under the terms of this Amended Consent Judgment, Defendants shall notify:

Wage Hour Division, West Covina District Office
Attention: District Director
100 N. Barranca Street, Suite #850
West Covina, California 91791

JUDGMENT

34. JUDGMENT IS HEREBY ENTERED, pursuant to Section 16(c) and (e) of the FLSA, in favor of the Acting Secretary as a judgment owed to the United States of America and against Defendants in the total amount of $3,800,000. This total amount comprises $1,599,140.93 in unpaid overtime and minimum wage compensation; an additional equal amount as liquidated damages, pursuant to authority expressly provided in Section 16 of the FLSA, 29 U.S.C. § 216; civil money penalties, which have been assessed and finally determined pursuant to 29 U.S.C. § 216(e), in the amount of $121,104.00 for Defendants' illegal employment of minors and $80,000 for Defendants' minimum wage and overtime violations; $300,000 in punitive damages for retaliation stemming from Defendants' unlawful child labor violations; and $100,614.15 in back wages owed to employees for retaliatory conduct occurring between August 31, 2023, and October 6, 2023, pursuant to the parties First Stipulated Amended Preliminary Injunction (Dkt. 65).

35. Within one (1) year of entry of this Amended Consent Judgment, the Acting Secretary shall file a supplemental Exhibit 1 listing the amount of back wages, liquidated damages, and other damages paid or to be paid to employees subject to this Amended Consent Judgment.

Pursuant to this Judgment, IT IS HEREBY ORDERED THAT:

36. Defendants shall pay the monies owed above as follows: Defendants paid an initial payment in the amount of $2,000,000 on November 29, 2023. This payment shall cover the liquidated damages, putative damages, and retaliation back wages. Defendants paid $307,038.76 consisting of $295,038.76 in principal and $12,000 interest on February 5, 2024, covering a portion of the backwages. Defendants shall pay the remaining balance of $1,504,961.24 plus interest at a rate of 8%, per the following schedule:

Payment Date

Principal

Interest

Total

Type of Payment

March 1, 2024

$595,991.40

$18,086.12

$614,077.52

Back wages

April 1, 2024

$300,978.96

$6,059.80

$307,038.76

Back wages

May 1, 2024

$302,985.49

$4,053.27

$307,038.76

Back wages

June 1, 2024

$305,005.39

$2,033.37

$307,038.76

Back wages/Civil Money Penalties

Total:

$1,504,961.24

$30,232.56

$1,535,193.80

Defendants shall make the back wage and damages payments required by this Amended Consent Judgment (plus interest as applicable) online by ACH transfer, credit card, debit card, or digital wallet by going to https://www.pay.gov/public/form/start/77761888, or by going to www.pay.gov and searching “WHD Back Wage Payment - WE Region”. Payments shall reference BW Case Number #1983946. Defendants shall make the civil money penalty payments required by this Amended Consent Judgment online by ACH transfer, credit card, debit card, or digital wallet by going to https://www.pay.gov/public/form/start/77761888, or by going to www.pay.gov and searching “WHD Civil Money Penalty - WE Region.”

37. In the event of any default in the timely making of any payment due hereunder, the full judgment amount, which then remains unpaid, plus post-judgment interest at the rate of 10% per year, from the date of Defendants' default until paid in full, shall become due and payable upon the Acting Secretary's sending by ordinary mail a written demand to the last available addresses of Defendants then known to the Acting Secretary with electronic copies also concurrently e-served on Defendants or, if applicable, their counsel. Upon the Acting Secretary's request, the Court will issue an amended judgment reflecting the amounts due based on Defendant's default.

38. The Acting Secretary shall distribute the proceeds from the settlement payments described in Paragraphs 34 and 36 in the amounts set forth in Exhibit l, less deductions for employees' share of payroll taxes and income tax withholding on the back wage amounts, to the employees identified therein, or if necessary, to the employees' estates. Any monies not distributed to employees because of an inability to locate the proper persons or because of their refusal to accept it, the Acting Secretary shall deposit the payment into the Treasury of the United States as miscellaneous receipts under 29 U.S.C. § 216(c). Defendants shall deposit the employer's portion of payroll taxes with the relevant taxing authorities.

FURTHER, IT IS HEREBY ORDERED THAT

39. The filing, pursuit, and/or resolution of this proceeding with the entry of this Judgment shall not act as or be asserted as a bar to any action or claim under FLSA § 16(b), 29 U.S.C. § 216(b), as to any employee not named on the attached Exhibit 1, nor as to any employee named on the attached Exhibit 1 for any period not specified therein, nor as to any employer other than Defendant.

40. Defendants hereby waive any and all claims and defenses against the Acting Secretary and her representatives that they could have brought as of the date of the entry of the Amended Consent Judgment, including any claims or defenses arising from the Acting Secretary's execution of the search warrants of the properties located at 15268 Proctor Ave., City of Industry, CA 91745 and 218 South 8th Ave., La Puente, CA 91746 on September 28, 2023, and agree not to appeal entry of this Amended Consent Judgment and Permanent Injunction.

41. 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.

42. The Court shall retain jurisdiction of this action for purposes of enforcing compliance with the terms of this Amended Consent Judgment.

IT IS SO ORDERED.

EXHIBIT 1

First Name

Last Name

Week Started

Week Ended

Abel

Coy

1/23/2022

10/8/2023

Adamaris

Rios

4/10/2022

7/23/2023

Adan Adolfo

Paau Pop

2/27/2022

2/27/2022

Adolfo

Castro

11/20/2022

11/27/2022

Agustin

Ignacio

8/9/2020

8/28/2022

Agusto

Tec

12/18/2022

10/8/2023

Alba Delia

Sanchez Barrios

1/16/2022

4/23/2023

Alberto

Perez

3/20/2022

10/1/2023

Alberto Isaias

Reynoso Larios

2/27/2022

8/28/2022

Alejandra

Reyes

3/19/2023

10/8/2023

Alejandro

Argeta

11/20/2022

11/27/2022

Alejandro

Martines

9/24/2023

10/1/2023

Alexander

Larios

12/11/2022

7/9/2023

Alexander

Macario

1/8/2023

6/4/2023

Alexander

Xol

10/23/2022

10/8/2023

Alfonso

Garcia

9/4/2022

11/27/2022

Alfredo

Iquila

10/29/2022

11/27/2022

Alfredo

Isig

11/20/2022

12/4/2022

Ah

Merino

12/24/2022

8/13/2023

Alma

Chavez

8/9/2020

9/23/2023

Alvarado

Cruz

8/6/2023

8/6/2023

Alvaro

Choc

12/11/2022

4/9/2023

Alvaro

leal

8/9/2020

10/8/2023

Alvaro

Mucul

2/19/2023

2/19/2023

Alvaro Reginaldo

Cuz Pop

1/15/2023

10/8/2023

Alvaro Rene

Choc Mucu

2/26/2023

10/8/2023

Andrea

Valtierra

1/2/2022

10/8/2023

Andres

Coy

2/19/2023

10/8/2023

Andres

Salanic

12/24/2022

1/1/2023

Angel

Cac

11/6/2022

11/6/2022

Angel

Gonzales

3/27/2022

10/30/2022

Angel

leal

11/13/2022

10/8/2023

Angel

Ixim

7/3/2022

10/8/2023

Angelica

Cucul

5/1/2022

10/16/2022

Angelica

Lopez

3/12/2023

3/12/2023

Angie

Garcia

2/13/2022

2/13/2022

Antemante

Cruz

3/19/2023

10/8/2023

Antonio

Caal-Xol

1/21/2023

3/25/2023

Antonio

Miranda

5/21/2023

6/11/2023

Antonio

Raya

5/14/2023

5/14/2023

Antonio

Torres

11/6/2022

11/6/2022

Araceli

Castaneda

8/9/2020

10/8/2023

Armando

Alvarado

8/9/2020

4/16/2023

Armando

Perebal

9/11/2022

3/26/2023

Arnoldo

Caal

11/27/2022

4/16/2023

Arnoldo

Tol

8/9/2020

10/8/2023

Arturo

Flores

8/9/2020

8/28/2022

Arturo

Monroy

9/25/2022

9/17/2023

Arturo

Unknown

1/16/2022

3/6/2022

Arturo

Venegas Tovar

8/9/2020

10/8/2023

Asevedo

Ernesto

8/27/2023

9/3/2023

Assaria

Hernandez

1/22/2022

9/30/2022

Audelina

Asig

1/15/2023

5/21/2023

Axel

Caal

9/18/2022

8/27/2023

Axel

Coy

9/25/2022

10/2/2022

Axel

leal

8/6/2023

9/10/2023

Bartolo

Palomares

9/11/2022

10/8/2023

Beni

Monroy

1/9/2022

7/17/2022

Bernardo

No Last Name

4/10/2022

4/10/2022

Bernardo

Perez

10/30/2022

11/20/2022

Blanca

Lemus

9/24/2023

10/8/2023

Brandon

Reynoso

12/4/2022

10/8/2023

Brian

Cordova

1/15/2023

1/15/2023

Brigida A.

Sales

1/23/2022

1/22/2023

Carla

Espinoza

5/14/2023

5/14/2023

Carlos

Camey

10/16/2022

10/1/2023

Carlos

Cue

2/20/2022

6/5/2022

Carlos

Medina Edmundo

6/17/2023

10/8/2023

Carlos

Guegue Choc

3/12/2023

3/12/2023

Carlos

Huehue

4/16/2023

10/8/2023

Carlos

Medina

12/10/2022

12/17/2022

Carlos

Unknown

9/10/2023

9/10/2023

Carlos

Octaviano

10/2/2022

6/4/2023

Carlos

Pop

8/20/2023

8/20/2023

Carlos

Rolando Xol Tiul

10/30/2022

10/8/2023

Carlos

Xol

3/6/2022

10/1/2023

Carlos Guegue

Choc

12/24/2022

12/24/2022

Carmen

Caal

5/22/2022

6/19/2022

Celmira

Obanda

3/5/2022

3/12/2022

Celmirai

Unknown

2/13/2022

2/13/2022

Cesar

Coy

3/20/2022

6/12/2022

Cesar

Meza

7/3/2022

7/31/2022

Cesar

Salas

9/25/2022

10/8/2023

Cesar Eduardo

Coc Cue

4/17/2022

10/2/2022

Cesar Josue

Pap Chub

5/28/2023

9/17/2023

Chendo

Caal

2/12/2023

2/12/2023

Chiapas

Unknown

2/13/2022

7/24/2022

Claudia

Elias

1/15/2023

10/8/2023

Cristian

Manuel

12/4/2022

12/18/2022

Cristina

Garcia

5/14/2023

5/14/2023

Cristina

Tec

2/27/2022

6/5/2022

Cristobal

Caal

1/31/2021

10/8/2023

Cristobal

Mejia

9/25/2022

2/26/2023

Cristobal

Rangeal Mejia Portillo

3/6/2022

8/28/2022

Dalila Selena

Romero Maroquin

12/11/2022

5/21/2023

Daniel

Cue Caal

7/23/2023

10/8/2023

Daniel

Garcia

4/23/2023

4/23/2023

Dany Geobany

Larios Reynoso

10/3/2021

9/17/2023

Dario

Tol

1/2/2022

10/8/2023

David

Lopez

5/7/2023

10/8/2023

David

Rios

1/22/2023

1/22/2023

David Hector

Venegas Vasquez

1/16/2022

10/8/2023

Dennis

Chop

2/26/2023

6/4/2023

Dionicio Wilfredo

Raxxol

6/4/2023

10/8/2023

Dona

Chuy

3/13/2022

3/12/2023

Dulce

Juarez

1/22/2023

10/8/2023

Eamnuel

Unknown

1/23/2022

1/23/2022

Edgar

Cuz

12/11/2022

10/8/2023

Edgar

Putal

10/16/2022

1/1/2023

Edi

Dias

10/8/2023

10/8/2023

Edin

Cac

5/29/2022

3/26/2023

Edin

Diaz

5/22/2022

10/1/2023

Eduardo

Ayon

7/3/2022

7/17/2022

Eduardo

Caal

3/20/2022

9/4/2022

Eduardo

Cue

6/19/2022

9/24/2023

Eduardo

Gordo

1/9/2022

11/27/2022

Eduardo

Santilan

2/12/2023

2/12/2023

Edwin

Chan

9/25/2022

10/8/2023

Edwin

Reynoso

8/9/2020

10/8/2023

Edwin Adonay

Mejia Portillo

9/11/2022

2/5/2023

Edy

Ordonez

4/9/2022

4/16/2022

Elias

Rax

2/12/2023

3/12/2023

Eliseo

Caal

3/27/2022

3/26/2023

Elizeo

Vargas

3/26/2023

10/1/2023

Elza

Perez

7/10/2022

10/8/2023

Emanuel

Unknown

1/16/2022

2/27/2022

Emanuel

Parra Avila

8/29/2021

10/8/2023

Emili

Caal

3/27/2022

3/27/2022

Emilio

Cortez

8/21/2022

8/28/2022

Emilio

Pap

11/13/2022

10/8/2023

Enrique David

Vazquez

2/20/2022

1/8/2023

Ernesto

Orday

9/10/2023

9/10/2023

Ernesto

Ordaz

8/9/2020

10/8/2023

Ervin

leal

2/26/2023

10/8/2023

Eva

Lopez

7/3/2022

7/17/2022

Fabian

Choc

9/25/2022

10/8/2023

Fernando

Torrez

2/27/2022

2/27/2022

Fernando

Venegas

9/10/2023

9/10/2023

Francisco

Ajcal

4/22/2023

10/8/2023

Francisco

Chan

9/25/2022

10/8/2023

Francisco

Coy

8/20/2023

10/8/2023

Franklin

Ramirez

9/10/2022

2/26/2023

Fredi

leal

1/8/2023

10/8/2023

Fredi

Xi

11/13/2022

11/13/2022

Gaudencio

Tec

3/6/2022

10/8/2023

Gerardo

Tun

4/16/2023

9/10/2023

Gerardo

Venegas Tovar

8/9/2020

10/8/2023

German

leal

1/22/2023

10/8/2023

German Eduardo

Quexica

8/9/2020

8/28/2022

Gerson

leal

2/5/2022

10/8/2023

Gerson

Reynoso

12/4/2022

12/4/2022

Glenda

Ruiz

4/30/2022

11/12/2022

Hector

Ich

8/29/2021

10/8/2023

Hector

Tec

3/6/2022

3/6/2022

Hector

Tinoco

1/9/2022

10/30/2022

Hilda

Unknown

4/16/2023

4/16/2023

Hugo

Alfredo

12/4/2022

1/22/2023

Hugo

Santana

1/23/2022

11/13/2022

Hugo Alfredo

Iquila

8/29/2021

8/28/2022

Ibrahan

Domingo

4/30/2023

4/30/2023

Iris

leal

4/23/2023

4/30/2023

Isaac

Perez

9/25/2022

10/8/2023

Jaime

Chocoj

9/24/2023

10/8/2023

Javier

Caal

7/9/2023

7/9/2023

Javier

Coy

9/3/2023

9/24/2023

Javier

Rax Xol

9/25/2022

10/1/2023

Jefferson

Menjivar Samayoa

5/22/2022

4/2/2023

Jeiver

Coy

1/23/2022

10/8/2023

Tennifer

Estaphanie

Lopez

8/13/2023

8/13/2023

Jerman

leal

7/30/2023

9/3/2023

Jerson

leal

3/12/2022

11/26/2022

Jerson

Reynosa

8/29/2021

8/28/2022

Jesus

Venegas Tovar

1/23/2022

11/20/2022

Jocelyn

Maribel Itorioga Venga

1/9/2022

1/16/2022

Joel

Caal

3/27/2022

8/21/2022

Johana

Mendez

2/20/2022

10/8/2023

Jorge

Meza

7/3/2022

7/17/2022

Jorge

Sosa

1/15/2023

1/15/2023

Jorge

Valtierra

8/9/2020

3/26/2023

Jose

Argueta

2/13/2022

4/17/2022

Jose

Carino

12/10/2022

12/24/2022

Jose

Garcia

1/16/2022

10/8/2023

Jose

Islas Pom

3/12/2023

10/8/2023

Jose Antonio

Gudino Romero

8/9/2020

8/28/2022

Josefina

C

1/21/2023

3/11/2023

Josue

Xol Cue

12/11/2022

10/8/2023

Juan

Coe

1/8/2023

7/23/2023

Juan

Oliverio Tec Coe

12/18/2022

4/23/2023

Juan

Saldana

8/9/2020

10/8/2023

Juan

Samuel

8/29/2021

10/8/2023

Juan

Vargas

7/3/2022

7/17/2022

Juan Carlos

Octaviano

8/9/2020

8/28/2022

Juan Jose

Garcia

8/9/2020

8/28/2022

Juana

Topia Diaz

9/30/2023

9/30/2023

Juanito

Cue

3/27/2022

12/4/2022

Julia

Vasquez

8/9/2020

10/8/2023

Julio

Ramos

8/9/2020

10/8/2023

Julio

Rodrigo

6/17/2023

10/8/2023

Julisa

Santos

4/16/2023

6/4/2023

Justino

Felix

4/9/2023

7/2/2023

Keylin

Castro

5/8/2022

12/4/2022

Laidy

Pap

5/1/2022

4/2/2023

Lamberto

Morales

12/4/2022

12/4/2022

Laura

Casahuamam

8/9/2020

10/8/2023

Leonardo

Poptec

11/13/2022

11/13/2022

Leticia

Meza

2/27/2022

5/8/2022

Leticia

Vasquez

2/26/2023

10/8/2023

Lisseth

Velazques Gonzales

1/22/2023

2/12/2023

Lucia

Mendez

1/9/2022

12/4/2022

Luis

Caal

1/31/2021

10/1/2023

Luis

De La Torre

9/4/2022

9/4/2022

Luis

Felipe

1/29/2023

1/29/2023

Luis

Villa

2/13/2022

8/14/2022

Lupita

Ron

9/4/2022

1/29/2023

Mana

Ovarra

3/5/2022

3/5/2022

Manuel

Bonilla Zaragoza

1/15/2023

4/9/2023

Manuel

Coy

2/12/2023

6/4/2023

Manuel

Larios

10/9/2022

10/1/2023

Manuel

Perez

9/11/2022

10/8/2023

Manuel

Pom

4/2/2023

10/8/2023

Manuel Larios

Xaper

8/9/2020

8/28/2022

Marco

Bonilla

8/13/2023

8/13/2023

Marco Antonia

Lara

9/17/2022

10/8/2023

Marcos

Caal

6/19/2022

6/19/2022

Marcos

Chocaj

7/3/2022

10/2/2022

Marcos

Putul

3/12/2023

3/12/2023

Margarita

Corrales

9/4/2022

10/8/2023

Maria

Cotom

9/11/2022

10/8/2023

Maria

Cue

5/22/2022

6/5/2022

Maria

Jesus

9/25/2022

10/2/2022

Maria

Mendoza

5/7/2023

5/7/2023

Maria

Montenegro Cruz

11/13/2022

10/8/2023

Maria

Renteria

9/24/2023

10/8/2023

Maria

Tovar

1/8/2022

5/6/2023

Maria

Tovar Orozco

2/27/2022

2/27/2022

Maria Elena

Perez

8/9/2020

9/26/2021

Maria Jeronimo

Tovar Orozco

7/4/2021

12/26/2021

Mariana

Ruiz

8/29/2021

8/28/2022

Mariano

Caal

2/7/2021

10/8/2023

Maribel

Lopez

7/3/2022

12/4/2022

Mario

Dominguez-Jimenez

1/8/2022

6/3/2023

Marisol

Lucas

10/2/2022

11/13/2022

Marisol

romero

12/24/2022

3/19/2023

Marlene

Lopez

8/9/2020

8/28/2022

Marleny

Cnoc

9/30/2023

9/30/2023

Marleny

Cucul Xol

6/4/2023

6/4/2023

Marleny

Lopez

9/4/2022

10/8/2023

Marta

Choc

9/3/2023

10/8/2023

Marta Cuz

Perez

11/7/2021

7/31/2022

Martha

Choc

2/26/2023

9/10/2023

Martin

Lopez

9/11/2022

9/18/2022

Martin

Morales

10/9/2022

10/16/2022

Martin

Renteria

10/23/2022

9/17/2023

Martina

Garcia

1/9/2022

6/5/2022

Martina

Venegas

8/9/2020

11/17/2022

Marvin

Caal

9/17/2023

10/1/2023

Marvin

Cac

10/29/2022

4/30/2023

Marvin

Coc Cue

8/27/2023

9/10/2023

Marvin

Efrain

9/4/2022

4/2/2023

Marvin

leal

9/11/2022

10/8/2023

Marvin

Iquila

10/29/2022

11/27/2022

Marvin

Unknown

10/8/2023

10/8/2023

Marvin Alfredo

Coc Cue

8/9/2020

8/28/2022

Mary

Lopez

1/22/2023

1/22/2023

Mateo

Ac

1/1/2023

9/10/2023

Mauriero

Chavez

11/6/2022

11/6/2022

Melvin

Choc

1/9/2022

3/6/2022

Melvin

Ich

7/2/2023

7/16/2023

Miguel Angel

leal

3/27/2022

8/28/2022

Milsa

Romero

1/31/2021

10/8/2023

Miriam

Fuentes

9/3/2023

10/8/2023

Misael

Lopez

2/26/2023

2/26/2023

Misael

Mendez

2/20/2022

1/29/2023

Monica

Zaragoza

1/8/2022

8/20/2022

(Image Omitted Table)

(Image Omitted Table)

Ronny

Pap

1/15/2023

10/1/2023

Rony

Pep

8/9/2020

8/28/2022

Rosalba

Jimenez

1/22/2023

10/8/2023

Rosalia

Ramirez

7/16/2023

8/6/2023

Rosalinda

Morales

7/23/2023

10/8/2023

Ruben

Caal

9/25/2022

10/8/2023

Ruben

Chocoj

9/25/2022

10/2/2022

Ruperto

Granados

8/9/2020

8/28/2022

Sandra

Garcia

9/10/2022

10/8/2023

Sandra

Marroquin

9/18/2022

10/8/2023

Santiago

Cruz

1/22/2023

7/16/2023

Santiago

Perez

9/30/2023

10/8/2023

Santoc

Coc

7/3/2022

7/24/2022

Santos

Cue

6/19/2022

11/6/2022

Sebastian

Putul

1/8/2023

4/23/2023

Selvin

leal

10/9/2022

10/8/2023

Selvin

Ich

1/15/2023

1/15/2023

Sergio

Banuelos

9/25/2022

9/25/2022

Sergio

Beb

1/1/2023

2/19/2023

Sergio

Gerardo

8/9/2020

8/28/2022

Sergio

Hernandez

2/27/2022

1/22/2023

Silvia

Unknown

5/1/2022

5/1/2022

Silvin

Ich

7/23/2023

8/20/2023

Sofia

Caal

9/17/2023

9/17/2023

Sofia

Cue

1/29/2023

10/8/2023

Sofia

UNKNOWN

10/8/2023

10/8/2023

Sofia Galenana

Mendez

12/17/2022

9/30/2023

Sonia

Cuz Floricelda Caal

10/8/2023

10/8/2023

Stacy

Lopez

2/19/2023

10/8/2023

Stcysi

Rios

8/27/2023

8/27/2023

Sucely

Chub Tec

10/8/2023

10/8/2023

Susan

Poptec

11/13/2022

11/27/2022

Susana

Menjivar Samayoa

1/16/2022

3/19/2023

Teodoro

Coc

9/17/2023

9/17/2023

Valentin

Ramirez

9/25/2022

10/9/2022

Vartolo

Palomares

1/31/2021

8/28/2022

Ventura

Rojas Rios

3/13/2022

10/8/2023

Vicente

Cue Caal

1/15/2023

10/8/2023

Victor

Mo

9/10/2022

11/26/2022

Victor

Rax

12/18/2022

10/8/2023

Victor

Santana

1/29/2023

9/17/2023

Vilma

Morales

2/19/2023

2/19/2023

Walter

leal

2/5/2022

10/8/2023

Wiliam

Choc Ax

9/24/2023

9/24/2023

Wilian

Xol

9/17/2023

9/17/2023

William

Caal

1/23/2022

8/27/2023

William

Chan

4/3/2022

9/10/2023

William

Choc

3/26/2023

6/11/2023

Willy

Reynoso

8/9/2020

10/8/2023

Wilser

Chub

8/21/2022

8/21/2022

Wilson

Choc

2/26/2023

2/26/2023

Wilson

Pan

9/25/2022

4/9/2023

Yolanda

Aguilar

5/28/2023

10/8/2023

Yolanda

Vasquez Bernal

8/9/2020

10/8/2023

Yulali

Xol

4/10/2022

10/8/2023

Unknown

Unknown

11/6/2022

12/11/2022

Unknown

Unknown

5/15/2022

6/12/2022

Unknown

Unknown

10/9/2022

10/16/2022

Unknown

Unknown

10/9/2022

10/16/2022

Unknown

Unknown

9/11/2022

9/11/2022

Unknown

Unknown

10/16/2022

10/16/2022

Unknown

Unknown

11/27/2022

11/27/2022

Unknown

Unknown

6/26/2022

11/6/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

8/9/2020

8/28/2022

Unknown

Unknown

11/6/2022

11/6/2022

Unknown

Unknown

1/9/2022

1/16/2022

Unknown

Unknown

2/13/2022

2/13/2022

Unknown

Unknown

12/11/2022

12/11/2022

Unknown

Unknown

12/11/2022

12/11/2022

Unknown

Unknown

3/27/2022

12/4/2022

Unknown

Unknown

3/27/2022

12/4/2022

Unknown

Unknown

3/27/2022

12/4/2022

Unknown

Unknown

7/24/2022

8/14/2022

Unknown

Unknown

9/4/2022

9/18/2022

Unknown

Unknown

4/24/2022

5/1/2022

Unknown

Unknown

3/27/2022

12/18/2022

Unknown

Unknown

2/27/2022

10/30/2022

Unknown

Unknown

4/24/2022

8/14/2022

EXHIBIT 2

NOTICE TO EMPLOYEES OF YOUR RIGHTS UNDER THE FLSA

There are state, local, and federal laws related to your workplace rights. The Department of Labor (DOL) enforces the Fair Labor Standards Act (FLSA).

YOUR IMMIGRATION STATUS DOES NOT MATTER AND DOES NOT IMPACT YOUR WORKPLACE RIGHTS

Under the FLSA, your employer must pay you:

1) Federal minimum wage ($7.25 per hour) for all hours worked. (Your employer may owe you a higher minimum wage under California or local law.)

2) Overtime pay if you work more than forty hours per week.

You must be paid for all work you do for your employer. This might include: cutting chicken, throwing away garbage, moving chicken around the warehouse, cleaning your work station and work tools, sharpening your knives, wearing or removing required clothes and tools, waiting to count how many boxes of chicken you have cut, waiting for chicken to arrive if your employer instructs you to wait, and other activities your employer requires you to do.

Your employer must correctly document and report each hour you work and all pay you receive.

It is illegal for anyone to harm you because you talked to a DOL representative, participated in a DOL investigation, or spoke up about your workplace rights. It is illegal for your employer to take the following actions because you exercised your rights:

o Scream threats at you;
o Reduce your work hours or your pay;
o Fire you or fire any friends or relatives that work with you;
o Refuse to pay you for all hours you work;
o Refuse to hire you, or a relative or friend of yours;
o Report you to the government for deportation;
o Threaten you with legal problems or threaten to use their lawyer to harm you;
o Make any other threat or take any harmful action against you.

It is also illegal for anybody to make you sign a document in which you promise to tell a judge or any representative of the DOL false information about the hours you work, pay you receive, or anything else related to your FLSA rights. Any document you have signed promising to tell false information to a judge or anyone else has no legal value and cannot be used against you.

If any of these actions occur, please immediately contact the DOL hotline at (866) 487-9243

AVISO A LOS EMPLEADOS DE SUS DERECHOS BAJO LA FLSA

Existen leyes estatales, locales y federales relacionadas con sus derechos laborales. El Departamento de Trabajo (DOL) hace cumplir La Ley de Normas Justos De Trabajo (FLSA en inglés).

SU ESTATUS MIGRATORIO NO IMPORTA Y NO AFECTA SUS DERECHOS LABORALES.

Según la FLSA, su empleador debe pagarle:

1) Salario mínimo federal ($7.25 por hora) por todas las horas trabajadas. (Su empleador puede deberle un salario mínimo más alto bajo la ley del estado de California o las leyes locales.)

2) Pago de overtime por horas extras si trabaja más de cuarenta horas por semana.

Se le debe pagar por todo el trabajo que haga para su empleador. Esto podría incluir: cortar pollo, recoger huesos, mover pollo de un lugar a otro dentro de la planta, limpiar su estación de trabajo y su herramienta, filar sus cuchillos, ponerse o quitarse la ropa o la herramienta requerida para hacer su trabajo, esperar por contar el número de cajas cortadas, esperar por el pollo si su empleador le dice que tiene que esperar, y otras actividades que su empleador lo requiere hacer.

Su empleador debe documentar y reportar correctamente cada hora que trabaja y todos los pagos que recibe.

Es ilegal que alguien le haga daño porque habló con un representante del DOL, participó en una investigación del DOL o habló sobre sus derechos ante la FLSA. Es ilegal que su

empleador tome las siguientes medidas porque ejerció sus derechos de FLSA:

o Gritarle amenazas a usted;

o Reducir sus horas de trabajo o la cantidad que gana;

o Terminarlo o terminar a un colega o familiar que trabaja con usted;

o Negarse a pagarle por todas las horas que trabaja;

o Negarse a emplear a usted, o a un familiar suyo;

o Reportar al gobierno su deportación;

o Amenazarlo con problemas legales o amenazar con usar al abogado del empleador para hacerle daño;

o Hacer cualquier otra amenaza o tomar cualquier acción dañina contra usted.

También es ilegal que alguien le obligue a firmar un documento en el que promete decirle a un juez o a cualquier representante del DOL información falsa sobre las horas que trabaja, el pago que recibe o cualquier otra cosa relacionada con sus derechos a la FLSA. Cualquier documento que haya firmado con la promesa de proporcionar información falsa a un juez o a cualquier otra persona no tiene valor legal y no puede usarse en su contra.

Si ocurre alguna de estas acciones, comuníquese inmediatamente con el DOL al:

(866) 487-9243

EXHIBIT 3

(Image Omitted)

DEED OF TRUST

COUNTY

BOOK

PAGE

COUNTY

BOOK

PAGE

COUNTY

BOOK

PAGE

COUNTY

BOOK

PAGE

COUNTY

BOOK

PAGE

Alameda

435

684

Imperial

1091

501

Modoc

184

851

San Diego

| Solano

1105

182

Alpine

1

250

Inyo

147

598

Mono

52

429

Series 2

1961

183887

Sonoma

1851

689

Amador

104

348

Kern

3427

60

Monterey

2194

538

San Francisco

A332

905

Stanislaus

1715

456

Butte

1145

1

Kings

792

833

Napa

639

86

San Joaquin

2470

311

Sutter

572

297

Calaveras

145

152

Lake

362

39

Nevada

305

320

San Luis Obispo

1151

12

Tehama

401

289

Colusa

296

617

Lassen

171

471

Orange

5889

611

San Mateo

4078

420

Trinity

93

366

Contra Costa

3978

47

Los Angeles

T2055

899

Placer

895

301

Santa Barbara

1878

860

Tulare

2294

275

Del Norte

78

414

Madera

810

170

Plumas

>51

5

Santa Clara

5336

341

Tuolumne

135

47

El Dorado

568

456

Marin

1508

339

Riverside

3005

523

Santa Cruz

1431

494

Ventura

2062

386

Fresno

4626

572

Mariposa

77

292

Sacramento

4331

62

Shasta

684

528

Yolo

653

245

Glenn

422

184

Mendocino

579

530

San Benito

271

383

Sierra

29

335

Yuba

334

486

Humboldt

657

527

Merced

1547

538

San Bernardino

5567

61

Siskiyou

468

181

(Image Omitted)

(Image Omitted)

(Image Omitted)


Summaries of

Su v. The Exclusive Poultry, Inc.

United States District Court, Central District of California
Feb 20, 2024
2:23-cv-08185-MCS-SK (C.D. Cal. Feb. 20, 2024)
Case details for

Su v. The Exclusive Poultry, Inc.

Case Details

Full title:JULIE A. SU, Acting Secretary of Labor, United States Department of Labor…

Court:United States District Court, Central District of California

Date published: Feb 20, 2024

Citations

2:23-cv-08185-MCS-SK (C.D. Cal. Feb. 20, 2024)