Opinion
2:24-cv-02606-SPG-PD
04-30-2024
JULIE A. SU, Acting Secretary of Labor, United States Department of Labor Plaintiff, v. L & Y FOOD, INC.; JRC CULINARY GROUP, INC.; A1 MEAT SOLUTIONS, INC.; MOON POULTRY, INC.; LOTUS PLUS, INC.; LOTUS POULTRY, INC.; FARMERS PROCESS, INC.; DURFEE POULTRY, INC.; FU QIAN CHEN LU; CAMERON ZHONG LU; RYAN ZHONG LU; BRUCE SHU HUA LOK; Defendants.
Anthony K. McClaren Esq. Attorney for Defendants Fu Qian Chen Lu Defendant Bruce Shu Hua Lok Defendant Cameron Zhon Lu Defendant Ryan Zhong Lu Defendant L&Y FOOD Inc. Defendant JRC CULINARY GROUP, INC. Defendant A1 MEAT SOLUTIONS, INC. Defendant MOON POULTRY, INC. Defendant LOTUS PLUS, INC. Defendant Lotus Poultry. INC. Defendant LOTUS PLUS, INC. Defendant LOTUS POULTRY, INC. Defendant FARMERS PROCESS, INC. Defendant DURFEE POULTRY, INC. Defendant For Plaintiff Acting Secretary of Labor, United States Department of Labor SEEMA NANDA Solicitor of Labor MARC A. PILOTIN Regional Solicitor ANDREW SCHULTZ BORIS ORLOV Counsels for Wage and Hour SONYA SHAO Senior Trial Attorney NISHA PAREKH KARINA WEGMAN-SCHAAFF Trial Attorneys Attorneys for Plaintiff Julie A. Su, United States Acting Secretary of Labor
Consented to by:
Anthony K. McClaren Esq. Attorney for Defendants
Fu Qian Chen Lu Defendant
Bruce Shu Hua Lok Defendant
Cameron Zhon Lu Defendant
Ryan Zhong Lu Defendant
L&Y FOOD Inc. Defendant
JRC CULINARY GROUP, INC. Defendant
A1 MEAT SOLUTIONS, INC. Defendant
MOON POULTRY, INC. Defendant
LOTUS PLUS, INC. Defendant
Lotus Poultry. INC. Defendant
LOTUS PLUS, INC. Defendant
LOTUS POULTRY, INC. Defendant
FARMERS PROCESS, INC. Defendant
DURFEE POULTRY, INC. Defendant
For Plaintiff Acting Secretary of Labor, United States Department of Labor
SEEMA NANDA Solicitor of Labor MARC A. PILOTIN Regional Solicitor ANDREW SCHULTZ BORIS ORLOV Counsels for Wage and Hour
SONYA SHAO Senior Trial Attorney
NISHA PAREKH KARINA WEGMAN-SCHAAFF Trial Attorneys Attorneys for Plaintiff Julie A. Su, United States Acting Secretary of Labor
CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST ALL DEFENDANTS
HON. SHERILYN PEACE GARNETT UNITED STATES DISTRICT JUDGE
Plaintiff Julie A. Su, Acting Secretary of Labor, United States Department of Labor, and Corporate Defendants L & Y Food, Inc.; JRC Culinary Group, Inc.; A1 Meat Solutions, Inc.; Moon Poultry, Inc.; Lotus Plus, Inc.; Lotus Poultry, Inc.; Farmers Process, Inc.; Durfee Poultry, Inc. (“Corporate Defendants”); and Individual Defendants Fu Qian Chen Lu; Cameron Zhong Lu; Ryan Zhong Lu; Bruce Shu Hua Lok (“Defendants,” and, together with Plaintiff and Corporate Defendants, the “Parties”) have agreed to resolve the matters in controversy in this civil action and agree to the entry of this Consent Judgment and Permanent Injunction (“Consent Judgment”) as provided below.
STATEMENTS BY AND AGREEMENTS BETWEEN THE PARTIES
A. On March 30, 2024, the Acting Secretary filed her Complaint in the above-captioned proceeding, naming Defendants L & Y Food, Inc.; JRC Culinary Group, Inc.; Moon Poultry, Inc.; Fu Qian Chen Lu; Ryan Zhong Lu; and Bruce Shu Hua Lok, who 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.
B. On April 17, 2024, the Acting Secretary filed her First Amended Complaint in the above-captioned proceeding, naming all Defendants-A1 Meat Solutions, Inc.; Lotus Plus, Inc.; Lotus Poultry, Inc.; Farmers Process, Inc.; Durfee Poultry, Inc.; and Cameron Zhong Lu; in addition to existing Defendants L & Y Food, Inc.; JRC Culinary Group, Inc.; Moon Poultry, Inc.; Fu Qian Chen Lu; Cameron Zhong Lu; Bruce Shu Hua Lok-alleging violations of Sections 7, 11(a), 11(c), 12, and 15(a)(1)-(5) of the FLSA, 29 U.S.C. §§ 207, 211(a), 211(c), 212, 215(a)(1)-(5). Defendants A1 Meat Solutions, Inc.; Lotus Plus, Inc.; Lotus Poultry, Inc.; Farmers Process, Inc.; Durfee Poultry, Inc.; and Cameron Zhong Lu waive service of summons. All Defendants acknowledge receipt of the Amended Complaint and agree to the filing of the same.
C. Defendants admit that the Court has jurisdiction over the Parties and the subject matter of this this civil action, and that venue lies in the Central District of California.
D. The Parties agree to waive findings of fact and conclusions of law and agree to the entry of this Consent Judgment without further contest.
E. Defendants agree herein to resolve all allegations of the Acting Secretary's First Amended Complaint.
F. Individual Defendants Fu Qian Chen Lu and Bruce Shu Hua Lok admit that they employ all employees, including deboner, packer, cleaner, and other employees that processed poultry and red meat for L & Y Food, Inc.; A1 Meat Solutions, Inc.; Lotus Plus, Inc.; Lotus Poultry, Inc.; Farmers Process, Inc.; Durfee Poultry, Inc.; JRC Culinary Group, Inc.; Moon Poultry, Inc. at the 3219 Durfee Ave., El Monte, CA 91732; 608 Monterey Pass, Monterey Park, CA 91754; 598 Monterey Pass, Monterey Park, CA 91754; and 15861 Salvatierra St., Irwindale, CA 91706 locations.
G. Individual Defendant Cameron Zhong Lu admits that he employs all employees, including deboner, packer, cleaner, and other employees that processed poultry and red meat for A1 Meat Solutions, Inc., and Lotus Plus, Inc. at the 3219 Durfee Ave., El Monte, CA 91732.
H. Individual Defendant Ryan Zhong Lu admits that he employs all employees, including deboner, packer, cleaner, and other employees that processed poultry for JRC Culinary Group, Inc., and Moon Poultry, Inc. at 15861 Salvatierra St., Irwindale, CA 91706.
I. 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 Consent Judgment.
J. Entry of this Consent Judgment marks the resolution of all claims by Defendants and/or the Acting Secretary relating to the Acting Secretary's inspection into Defendants' Compliance with the FLSA for the time periods listed herein in the Exhibit 1.
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 Defendants, their officers, agents (including any entities contracted to provide labor or payroll services), servants, employees, attorneys, entities, and all others in concert or participation with them (including any of Defendant's relations that Defendants use to operate businesses under Defendants' control) are permanently enjoined as provided in Paragraphs 1-5 of the Court's April 1, 2024, Temporary Restraining Order (“TRO”) (ECF No. 13).
Nothing in this Order shall be construed as limiting an attorney of record's ability to advise his or her clients.
Such agents include family members acting under Defendant(s)' direction or control.
Documents subject to Paragraph 5 of the TRO must be produced within 7 days of DOL's request.
FURTHER, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, pursuant to Section 17 of the FLSA, 29 U.S.C. § 217, Defendants and the persons and entities identified in the previous paragraph 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; the regular hourly rate shall include all sums paid in a workweek, including any production bonuses, as required under Section 7(e) of the FLSA. 29 U.S.C. § 207(e) and 29 CFR Part 778.
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 adversely changing the terms and conditions, discharging, name-calling and threatening, 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 who engaged in the protected activity as listed above 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 actions include but are not necessarily limited to taking any of the following acts against anyone who engaged in the protected activity listed above: termination; discharge; layoffs; threats of termination, discharge or lay off; initiating an I-9 audit or otherwise reverifying the employment eligibility of an employee; 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, 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 or 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 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 Consent Judgment or the FLSA.
10. By April 26, 2024, Defendant Fu Qian Chen Lu (Chen Lu) shall execute the deed of trust attached hereto as Exhibit 3 to secure the payments described in paragraph 36. This deed of trust shall be recorded against real property owned by Chen Lu, either directly or through an entity of which he is the owner and officer. This property shall not be encumbered and shall have sufficient equity to satisfy the remaining judgment amount of $2,631,620.35 plus interest 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 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 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 $ 1,872,837.61, which constitutes the back wages 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 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 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 all 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 or meat;
b. provide the Acting Secretary with the names of any poultry or meat 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 meat or engaged in any work related to the processing, sale, or delivery of poultry or meat;
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 Consent Judgment.
13. For a period of four (4) years beginning on the date of this 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 the date of this Consent Judgment or, as applicable, upon 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 Consent Judgment, to all employees, and in a language that they understand, and post this 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 beginning on the date of this Consent Judgment, Defendants shall ensure that a copy of this 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 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 the date of this Consent Judgment, 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 in 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 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 beginning on the date of this Consent Judgment, 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 employed from January 25, 2024, through March 21, 2024, Defendants shall only provide neutral employment references, 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 beginning on the date of this Consent Judgment, Defendants shall allow the Acting Secretary, her 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 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 her 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 beginning on the date of this Consent Judgment, 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 engage in deboning work, work in a meat cooler, or operate power driven machinery.
21. At all of Defendants' poultry and meat processing operations, 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. Defendants may only change the wage rates 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 and meat processing facilities owned, operated or controlled by Defendants at 3219 Durfee Avenue, El Monte, CA; 608 Monterey Pass Road, Monterey Park, CA; and 598 Monterey Pass Road, Monterey Park, CA; who were laid off, fired, or terminated on or after January 26, 2024 and not yet hired back to a facility owned, operated, or controlled by Defendants, 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 10 days of request by the Acting Secretary after entry of this Consent Judgment, Defendants shall provide a report to the Acting Secretary detailing (1) the offers of employment they have made to these employees under this Consent Judgment, 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 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 Consent Judgment.
a. To ensure Defendants' compliance with the FLSA and this 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, Los Angeles District Office, U.S. Department of Labor, along with the audit report, if requested by the District Director, Los Angeles District 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 must have the ability to communicate with Defendants' employees in their primary language(s), or, must 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 22(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, 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 Los Angeles District Office.
g. Subject to Paragraph 22(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 must 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 her discretion may present this issue to the Court for adjudication.
23. If any Defendant hires, rents to, retains or utilizes a third-party service provider to provide labor to process poultry or meat within an establishment owned, operated or controlled by such Defendant, either directly or through a corporation owned by a 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:
Defendants' facilities include but are not limited to: 3219 Durfee Ave., El Monte, CA 91732, 608 Monterey Pass, Monterey Park, CA 91754, 598 Monterey Pass, Monterey Park, CA 91754.
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 Consent Judgment;
ii. agree to provide a copy of the 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 for age 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 22;
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 24(a)(i) to (viii);
c. Defendants 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 beginning on the of this 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 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; (9) the calculation of any bonuses, and (10) 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 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 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 (e)(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 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 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 calculation of any non-discretionary bonuses (i.e., production or incentive bonus); (5) the total weekly straight-time earnings due for the hours worked during the workweek; (6) the total premium pay for overtime hours; and (7) 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. If Defendants choose to calculate pay through any type of individual production-based system, such as a piece rate or production bonus system, Defendants shall provide the notice in Exhibit 2 to all production-based employees immediately upon hire (or rehire), and in a language understandable to them, and shall place the notice prominently around the workplace.
33. For purposes of contacting the Acting Secretary under the terms of this Consent Judgment, Defendants shall notify:
Wage Hour Division, Los Angeles District Office Attention: District Director Kimchi Bui 312 Spring Street, Ste 701 Los Angeles, California 90012
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 $5,108,789.00. This total amount comprises $1,872,837.61 in unpaid overtime 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 $ 171,919.00 for Defendants' illegal employment of minors and $ 50,000.00 for Defendants' minimum wage and overtime violations; $ 141,194.78 in compensatory damages for Defendants' retaliation; and $ 1,000,000.00 in disgorgement of profits associated with revenues earned from the shipment or delivery for shipment in commerce of child labor “hot goods” in violation of Section 12(a) of the FLSA, 29 U.S.C. § 212(a).
35. Within one (1) year of entry of this 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 Consent Judgment.
Pursuant to this Judgment, IT IS HEREBY ORDERED THAT:
36. Defendants shall pay the monies owed above as follows: Defendants shall pay an initial payment in the amount of $ 2,554,394.50 no later than May 15, 2024. This payment shall cover the $ 1,872,837.61 in liquidated damages and $ 681,556.89 in disgorgement. Defendants shall pay the remaining balance of $ 2,554,394.50 plus interest at a rate of 8%, consisting of disgorgement, retaliation damages, back wages, and civil money penalties per the following schedule:
MENT DATE
BEGINNING BALANCE
PAYMENT
PRINCIPAL
INTEREST
TYPE OF PAYMENT
6/31/2024
$2,554,394.50
$328,952.54
$311,923.25
$17,029.30
Disgorgement then Retaliation Damages
7/30/2024
$2,242,471.25
$328,952.54
$314,002.74
$14,949.81
Retaliation damages/Back wages
8/30/2024
$1,928,468.52
$328,952.54
$316,096.09
$12,856.46
B ackwages
9/30/2024
$1,612,372.43
$328,952.54
$318,203.39
$10,749.15
Backwages
10/30/2024
$1,294,169.03
$328,952.54
$320,324.75
$8,627.79
Backwages
11/30/2024
$973,844.28
$328,952.54
$322,460.25
$6,492.30
Backwages
12/30/2024
$651,384.03
$328,952.54
$324,609.98
$4,342.56
Backwages
1/30/2025
$326,774.05
$328,952.54
$326,774.05
$2,178.49
Backwages then CMPs
Defendants shall make the back wage and damages payments required by this 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 #1987649. Defendants shall make the civil money penalty payments required by this 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 Consent Judgment, including any claims or defenses arising from the Acting Secretary's execution of the search warrants and investigations of Defendants' properties located at 3219 Durfee Ave., El Monte, CA 91732; and 608 Monterey Pass Ave., Monterey Park, CA 91754; and 598 Monterey Pass Ave., Monterey Park, CA 91754 on January 26, 2024, and 15861 Salvatierra St., Irwindale, CA 91706 on March 20, 2024, and agree not to appeal entry of this 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 Consent Judgment for a period of six years following the issuance of this Consent Judgment.
IT IS SO ORDERED.
EXHIBIT 1
First Name
Last Name
BW Start Date
BW End Date
Rigoberto
Acatitla
2/28/2022
1/14/2024
Sergio
Acatitla
12/11/2023
1/21/2024
Edwin
Aguilar
6/6/2022
7/17/2022
Jose
Aguilar
12/5/2022
1/14/2024
Luis
Aguilar
10/23/2023
12/31/2023
Sergio Rico
Aguilar
5/10/2021
5/23/2021
Juan Manuel
Ajanel Herrera
4/24/2023
1/14/2024
Francisco
Ajcal
12/10/2023
1/14/2024
Benito
Alavez
7/19/2021
12/31/2023
Jesus
Albores
11/7/2022
5/7/2023
Antonio
Alcaraz Rodriguez
8/2/2021
1/14/2024
David
Alejandro Cruz Caballero
1/16/2023
1/14/2024
Kavan
Alexander Laughon
3/29/2021
11/21/2021
Pedro
Algua
11/20/2023
1/14/2024
Martin Ramon
Alpizar
1/2/2023
1/14/2024
Martin
Alvarado
1/2/2023
1/14/2024
Victor
Alvarado
4/12/2021
12/19/2021
Mariela Del Carmen
Alvarez
6/20/2022
7/31/2022
Jose Luis
Ambrocio Ventura
11/6/2023
1/14/2024
Israel
Anario Lopez
7/17/2023
7/30/2023
Adelita
Andrade
3/13/2023
12/31/2023
Aurelio
Andrade
1/2/2023
1/14/2024
Brandon
Andrade
4/11/2022
8/28/2022
Brian
Andrade
1/31/2022
12/17/2023
Jaime
Andrade
5/10/2021
12/31/2021
Cruz
Antemate Anota
12/4/2023
12/17/2023
Gustavo Abel
Antonio
11/7/2022
1/14/2024
Jose
Antonio Santos Hernandez
4/23/2021
7/4/2021
Alejandro
Argueta
4/12/2021
3/13/2022
Jose
Argueta
6/19/2021
8/13/2023
Jose Miguel
Arrioja
11/7/2022
1/14/2024
Edyn
Ax
11/20/2023
12/3/2023
Hermelindo
Ax Ical
3/28/2022
12/23/2023
Martin
Ax Ical
12/10/2023
1/14/2024
Adelaida
Baltazar
3/29/2021
1/14/2024
Hilda
Banuelos
1/2/2023
1/14/2024
Sergio
Banuelos
3/29/2021
5/23/2021
Norma
Barajas
11/6/2023
1/14/2024
Juan Salvador
Barrales
11/20/2023
1/14/2024
Alejandro
Barrios
11/20/2023
1/14/2024
Norberto
Bautista Blas
9/26/2022
6/4/2023
Fernando
Bazan
5/23/2022
1/14/2024
Luis
Bazan
6/6/2022
6/19/2022
Fernando
Becerra
11/20/2023
1/14/2024
Noe
Bravo Espinoza
7/19/2021
8/29/2021
Andres
Buatista Santiago
7/5/2021
8/29/2021
Manuel
Bucio Mora
2/28/2022
12/31/2023
Henry
Caal
12/11/2023
1/21/2024
Juan
Caal
4/12/2021
1/14/2024
Lester Alexander
Caal
11/7/2022
11/20/2022
Oliverio
Caal
1/17/2022
1/30/2022
Ruben
Caal
12/10/2023
1/14/2024
Sergio
Caal
3/29/2021
5/23/2021
Juan Alberto
Caal Cho
6/6/2022
12/3/2023
Marlo Wilder
Caal Raymundo
3/29/2021
12/19/2021
Miguel
Caal Tec
4/23/2021
1/14/2024
Odilia
Caan
3/27/2023
7/2/2023
Tomas
Calel
3/29/2021
7/4/2021
Adan
Camacho
11/20/2023
1/14/2024
Alejandro
Camacho
2/28/2022
1/14/2024
Robert
Camacho Lopez
3/29/2021
4/11/2021
Jesus
Campos
6/20/2022
7/3/2022
Rudy
Cao
6/6/2022
7/31/2022
Salvador
Carrillo
5/24/2021
12/19/2021
Saul
Carrillo
1/17/2022
1/14/2024
Teodoro
Carrillo
1/17/2022
6/4/2023
Saul
Carrillo Faustino
11/8/2021
12/19/2021
Teodoro
Carrillo Faustino
3/29/2021
12/19/2021
Rigoberto
Casarrubias
11/20/2023
12/17/2023
Jose
Castaneda
8/16/2021
1/14/2024
Maria
Castaneda
8/9/2021
12/3/2023
Miguel
Castaneda
11/20/2023
1/14/2024
Benito
Castaneda Rodriguez
3/27/2023
7/14/2023
Paola
Castellon
7/4/2022
7/17/2022
Brian
Castillo
12/18/2023
1/14/2024
Severiano
Castillo Pacheco
3/29/2021
1/14/2024
German
Castro Pacheco
12/19/2022
12/3/2023
Luis Miguel
Castro Pacheco
10/23/2021
11/21/2021
Marcos
Castro Pacheco
1/1/2024
1/14/2024
Jesus
Cervantes
11/20/2023
1/14/2024
Carlos
Cervantes Palomar
11/20/2023
12/17/2023
Julio
Cesar Pacheco
9/25/2023
1/14/2024
Eduardo
Chavez
1/2/2023
12/17/2023
Juan Antonio
Chavez
11/20/2023
12/17/2023
Juan Carlos
Chavez
10/10/2022
1/14/2024
Marcos
Chavez
2/28/2022
1/14/2024
Severo
Chavez
9/26/2022
10/9/2022
Carlos
Chavez Gutierrez
10/10/2022
1/14/2024
Eduardo
Chavez Morales
1/1/2024
1/14/2024
Jose
Che
1/3/2022
7/3/2022
Rumaldo
Che
1/17/2022
1/14/2024
Estuardo
Che Ba
11/8/2021
1/14/2024
Pedro
Che Ba
1/1/2024
1/14/2024
Juan Gabriel
Che Rax
10/24/2022
1/14/2024
Mario
Chen Cu
1/1/2024
1/14/2024
Domingo
Chia
1/2/2023
1/14/2024
Manuel David
Chitic Pec
12/4/2023
12/31/2023
Cristina
Cho Coj Tec
11/7/2022
6/18/2023
Blanca
Choc
12/10/2023
1/14/2024
Domingo
Choc
12/5/2022
12/18/2022
Francisco
Choc
4/24/2023
5/7/2023
Mario
Choc
7/17/2023
12/17/2023
Rony
Choc
12/4/2023
1/14/2024
Eliseo
Choc Choc
10/24/2022
11/6/2022
Jose
Choc Choc
3/29/2021
1/14/2024
Robin
Choc Coy
8/1/2022
1/14/2024
Monica
Choj Coc
10/24/2022
11/20/2022
Julio
Cholom
4/25/2022
5/8/2022
Evaristo
Chub
3/13/2023
5/7/2023
Sucely
Chub Tec
8/15/2022
1/15/2023
Reginaldo
Chub Xol
12/19/2022
2/26/2023
Pedro
Coc
11/21/2022
12/18/2023
Santo
Coc Cuc
5/10/2021
5/23/2021
Teodoro
Coc Ical
1/17/2022
1/14/2024
Gregorio
Coc Quix
4/25/2022
6/4/2023
Otoniel
Cordero
3/29/2021
4/11/2021
Horacio
Cordoba
9/26/2022
4/9/2023
Juan Carlos
Cordoba
7/17/2023
1/14/2024
Aracely
Cordova
10/10/2022
10/23/2022
Juan C
Correa
1/1/2024
1/14/2024
Javier
Coy
1/1/2024
1/14/2024
Pedro
Coy
4/24/2023
5/21/2023
Jose Alfredo
Coyac Martinez
11/20/2023
1/14/2024
Aquiles
Crisanto Basilio
4/24/2021
1/14/2024
Lorenzo
Crisanto Basilio
3/29/2021
1/14/2024
Juan
Cristobal Bonifacio
3/29/2021
11/5/2023
Severiano
Cristobal Solis
5/24/2021
12/19/2021
Emilio
Cruz
1/17/2022
1/30/2022
Guadalupe Ron
Cruz
1/1/2024
1/14/2024
Israel
Cruz
11/20/2023
1/14/2024
Joel
Cruz
12/5/2022
12/31/2023
Mario
Cruz
4/23/2021
1/14/2024
Ramos
Cruz
10/23/2023
12/3/2023
Sergio
Cruz
5/24/2021
10/10/2021
Victor
Cruz
12/5/2022
1/14/2024
Joel
Cruz Crisanto
4/26/2021
12/19/2021
Oscar
Cruz Mariano
3/29/2021
12/19/2021
Wilser
Cub Che
12/10/2023
1/14/2024
Hermelindo
Cuc
3/29/2021
8/1/2021
Sandra
Cuc
4/25/2022
5/22/2022
Santiago
Cuc
7/19/2021
12/17/2023
Vicente
Cuc
12/10/2023
1/14/2024
Amalia
Cuc Caal
12/4/2023
12/17/2023
Daniel
Cuc Caal
12/10/2023
12/23/2023
Joaquin
Cuc Che
10/23/2023
1/14/2024
Leonel
Cuc Che
11/21/2022
1/14/2024
Mario
Cuc Che
8/2/2021
12/19/2021
Miguel Angel
Cuc Che
1/17/2022
12/31/2023
Rosario
Cuc Choc
12/10/2023
12/23/2023
Denis Danillo
Cuc Cuz
7/31/2023
10/8/2023
Angelica
Cucul
12/10/2023
12/23/2023
Maiko
Cuyuch
3/29/2021
4/25/2021
Alvaro Reginaldo
Cuz Pop
4/10/2023
7/16/2023
Francisco
De La Torre
8/2/2021
5/8/2022
Gustavo David
Delgado Ramirez
3/29/2021
12/3/2023
Alejandro
Diaz
12/4/2023
12/31/2023
Juan
Diaz
11/20/2023
1/14/2024
Juan Carlos
Diaz
12/4/2023
12/31/2023
Luis
Diaz
9/26/2022
11/20/2022
Alejandro
Diaz Gatica
11/20/2023
1/14/2024
Alejandro
Diaz Hernandez
12/4/2023
1/14/2024
Juan Carlos
Diaz Montejo
11/20/2023
1/14/2024
Marlon
Diaz Nufio
12/5/2022
1/14/2024
Juan
Diego Manriquez
4/26/2021
5/23/2021
Rosa Maria
Dolores
8/28/2023
10/8/2023
Luis
Doroteo
12/11/2023
1/21/2024
Heron
Duarte
11/20/2023
12/3/2023
Javier
Duenas
8/1/2022
8/14/2022
Yolva
Duran
11/7/2022
1/14/2024
Francisco
Enriquez
9/26/2022
10/9/2022
Inocente
Enriquez
1/17/2022
1/14/2024
Narda
Espinoza
11/20/2023
12/17/2023
Teresa
Espinoza
11/20/2023
1/14/2024
Jorge
Esteva
4/3/2021
1/14/2024
Celerino
Esteva Bautista
8/2/2021
1/14/2024
Abel
Estrada Morales
11/6/2023
12/3/2023
Jorge
Flores
1/2/2023
1/14/2024
Edgar
Fredy
5/8/2023
12/3/2023
Aledjandro
Garcia
4/24/2021
6/6/2021
Francisco
Garcia
11/20/2023
12/3/2023
Jose Juan
Garcia
11/20/2023
12/17/2023
Marcos
Garcia
1/3/2022
1/14/2024
Oscar
Garcia
1/2/2023
1/14/2024
Rufino Lopez
Garcia
3/29/2021
12/19/2021
Samuel
Garcia
6/20/2022
1/14/2024
Juan Jose
Garcia Rodriguez
1/1/2024
1/14/2024
Marco
Garcia Ventura
8/2/2021
12/19/2021
Daniel
Gaspar Mendez
4/12/2021
12/19/2021
Juan
Gavino Bravo
11/20/2023
12/3/2023
Irene
Gomez
11/7/2022
1/14/2024
Misael
Gonzales
12/5/2022
12/18/2022
Eleazar
Gonzales Gomez
12/5/2022
1/14/2024
Alberto
Gonzalez
7/4/2022
1/14/2024
Alfonso
Gonzalez
11/7/2022
1/14/2024
Dario
Gonzalez
1/2/2023
1/14/2024
Erick
Gonzalez
1/2/2023
1/14/2024
Fernando
Gonzalez
1/2/2023
1/14/2024
Luis Fernando
Gonzalez
12/4/2023
1/14/2024
Manuel
Gregorio Samuel
8/16/2021
9/26/2021
Maria del Rocio
Gutierrez
10/24/2022
1/15/2023
Martha
Gutierrez
11/8/2021
7/2/2023
Aide
Hernandez
2/28/2022
7/31/2022
Eleuterio
Hernandez
12/11/2023
1/21/2024
Elvia
Hernandez
11/7/2022
1/14/2024
Genaro
Hernandez
11/20/2023
1/14/2024
Guadalupe
Hernandez
1/2/2023
12/17/2023
Ismael
Hernandez
11/6/2023
1/14/2024
Juan
Hernandez
1/2/2023
12/17/2023
Maria Albertina
Hernandez
1/2/2023
1/15/2023
Varela
Hernandez
11/6/2023
11/19/2023
Vicente
Hernandez
11/20/2023
12/3/2023
Yobani
Hernandez
12/11/2023
1/21/2024
Juan
Herrera
6/5/2023
6/18/2023
Martha
Herrera
11/20/2023
1/14/2024
Alejandro
Ical
5/8/2021
11/20/2022
Angel
Ical
12/4/2023
1/14/2024
Fernando
Ical
9/26/2022
12/3/2023
German
Ical
12/10/2023
1/14/2024
Juan
Ical
12/4/2023
12/17/2023
Manuel
Ical
9/26/2022
1/14/2024
Roni
Ical
4/25/2022
1/14/2024
Evaristo
Ical Chub
1/1/2024
1/14/2024
Zacarias
Ical Xol
11/20/2023
1/14/2024
Hector
Ich Olivero
11/20/2023
1/14/2024
Lidia Leticia
Ixm Chiac
11/6/2023
1/14/2024
Hugo
Jesus Sanchez
12/19/2022
1/14/2024
Adan
Jimenez
1/1/2024
1/14/2024
Ana
Jimenez
11/20/2023
12/17/2023
Hilario
Juanico
8/29/2022
9/25/2022
Anita
Juarez
1/2/2023
1/15/2023
Eduardo
Juarez
2/28/2022
1/14/2024
Lourdes
Juarez
1/2/2023
1/14/2024
Yuritza
Leon
1/31/2022
9/24/2023
Fabian
Limon Castaneda
8/1/2022
8/14/2022
Indalecio
Loeza
12/4/2023
1/14/2024
Angel
Lopez
1/1/2024
1/14/2024
Aura
Lopez
1/1/2024
1/14/2024
Aylin
Lopez
11/7/2022
1/14/2024
Carlos
Lopez
1/17/2022
1/30/2022
Huriel
Lopez
12/11/2023
1/21/2024
Juan Manuel
Lopez
4/24/2023
1/14/2024
Misael
Lopez
11/6/2023
12/3/2023
Romero Cristino
Lopez
11/20/2023
1/14/2024
Senen
Lopez
2/28/2022
5/22/2022
Esteluina
Lopez Moreno
11/20/2023
1/14/2024
Ciliezar
Lopez Palma
9/26/2022
8/13/2023
Jose
Lopez Rosas
10/9/2022
1/14/2024
Lorenzo
Lopez Rosas
9/26/2022
12/17/2023
Marcelo
Lopez Rosas
10/9/2022
1/14/2024
Abel
Loza
11/20/2023
1/14/2024
Francisco Juan
Loza
11/20/2023
1/14/2024
Jose
Loza
11/20/2023
1/14/2024
Indalecio
Lueza
11/20/2023
12/31/2023
Laura
Luna
1/2/2023
1/15/2023
Ricardo
Luna
5/23/2022
10/23/2022
Gerardo
Maas
5/23/2022
7/3/2022
Julio
Macario
11/20/2023
12/3/2023
Hugo
Macias
3/29/2021
11/5/2023
Jessica
Macin
12/4/2023
1/14/2024
Eliseo
Macz
12/5/2022
12/18/2022
Fernando
Macz
6/6/2022
9/24/2023
Guillermo
Macz
9/25/2023
12/3/2023
Ramiro
Macz
4/11/2022
8/13/2023
Victor
Macz Choc
10/10/2022
8/13/2023
Raul
Magallon
7/19/2021
1/14/2024
Salvador
Magallon
2/28/2022
5/7/2023
Sergio
Magallon
7/19/2021
1/14/2024
Jose
Manuel Chavez
8/28/2023
1/14/2024
Saturnino
Manzano Espinoza
3/29/2021
1/14/2024
Amilcar
Maquin
7/17/2023
10/8/2023
Cesar
Mariano Pax
3/29/2021
6/20/2021
Chely Guadalupe
Marquez
11/20/2023
1/14/2024
Alba Luz
Martinez
11/20/2023
1/14/2024
Carlos
Martinez
7/3/2023
10/8/2023
Diego
Martinez
12/5/2022
1/15/2023
Ester
Martinez
12/11/2023
1/21/2024
Ezequiel
Martinez
12/5/2022
1/14/2024
Francisco
Martinez
12/5/2022
11/5/2023
Jorge
Martinez
4/24/2023
11/5/2023
Juan
Martinez
3/29/2021
6/20/2021
Juan Carlos
Martinez
12/4/2023
1/14/2024
Luis
Martinez
12/11/2023
1/21/2024
Luis David
Martinez
9/26/2022
1/14/2024
Oliverio
Martinez
12/5/2022
1/14/2024
Patricia
Martinez
10/10/2022
1/14/2024
Rene
Martinez
1/2/2023
1/14/2024
Salvador
Martinez
12/6/2021
1/14/2024
Teresa
Martinez
7/4/2022
1/1/2023
Victor
Martinez
12/5/2022
1/14/2024
Luis David
Martinez Ruiz
12/5/2022
1/14/2024
Janet
Martinez Saldivar
5/23/2022
6/4/2023
Ezequiel
Martinez Santiago
10/11/2021
12/19/2021
Magda
Mascote
5/10/2021
5/23/2021
Gerardo
Mass
7/4/2022
6/18/2023
Manuel
Mass XIC
8/16/2021
9/12/2021
Leobardo
Matamoros
1/2/2023
1/14/2024
Pascual
Matamoros
1/2/2023
12/31/2023
Donaldo
Mateos
11/20/2023
1/14/2024
Juan
Mejia
6/5/2023
6/18/2023
Kevin
Mejia
1/2/2023
7/30/2023
Adrian
Melchor
12/4/2023
12/17/2023
Gaspar Daniel
Mendez
1/17/2022
1/14/2024
Mario
Mendez
11/20/2023
1/14/2024
Pedro
Mendez
11/20/2023
12/17/2023
Walter
Mendez
4/10/2023
1/14/2024
Felicito
Mendez B.
3/29/2021
6/20/2021
Oscar
Mendez Palomar
10/23/2021
12/31/2023
Edgar
Miranda
3/29/2021
5/23/2021
Carlos
Modesto Reina
4/23/2021
1/14/2024
Leonardo
Montanez
10/10/2022
1/14/2024
Alberto
Montejo
11/20/2023
1/14/2024
Gerson
Montoya Ulloa
11/20/2023
1/14/2024
Eddy
Morales
6/6/2022
12/3/2023
Jonathan
Morales
11/20/2023
1/14/2024
Juan
Morales
11/6/2023
1/14/2024
Maria
Morales
11/6/2023
1/14/2024
Miguel Angel
Morales
3/29/2021
1/14/2024
Moises
Morales
1/2/2023
1/14/2024
Orlando
Morales
11/6/2023
1/14/2024
Pedro
Morales
11/20/2023
12/3/2023
Tomas
Morales
11/20/2023
1/14/2024
Hugo
Moreno
3/29/2021
1/15/2023
Ramses
Motta
3/29/2021
12/31/2023
Jose Isabel
Munoz Coyac
11/20/2023
12/17/2023
Francisco
Murillo
1/2/2023
1/14/2024
Hugo
Murillo
4/10/2023
1/14/2024
Otoniel
Murillo
4/10/2023
1/14/2024
Omar
Murillo Hernandez
4/10/2023
1/14/2024
Roberto
Naranjo
11/20/2023
1/14/2024
Alfredo
Oceguera Leiva
11/20/2023
12/3/2023
Carina
Ochoa
6/20/2022
5/21/2023
Christopher
Ochoa
11/7/2022
1/1/2023
Elizabeth Yavikza
Ochoa
11/20/2023
12/17/2023
Emely
Ojeda
6/20/2022
12/31/2023
Claudia
Orozco
1/2/2023
12/17/2023
Dariaan
Ortiz
12/11/2023
1/21/2024
Ernesto
Ortiz
11/20/2023
12/31/2023
Jorge
Ortiz
11/7/2022
1/14/2024
Felix
Ortiz Lopez
11/7/2022
11/20/2022
Alfredo
Oseguera
12/4/2023
12/31/2023
Salvador
Pablo
3/29/2021
11/5/2021
David
Pablo Concepcion
3/29/2021
12/19/2021
German
Pacheco Castro
10/11/2021
12/19/2021
Kevin Alexis
Padua Suastegui
11/20/2023
12/3/2023
Marcos
Palomar
11/20/2023
1/14/2024
Gabriel
Palomar Medina
11/20/2023
1/14/2024
Jose Luis
Paredes
4/12/2021
4/25/2021
Roberto
Paredes
8/1/2022
12/3/2023
Rolando
Paredes
12/4/2023
1/14/2024
Sara
Pascual
12/4/2023
12/31/2023
Dominga
Perechu Ixcol
2/28/2022
1/14/2024
Braulio
Perez
6/20/2022
12/17/2023
Francisco
Perez
4/11/2022
5/22/2022
Geronimo
Perez
3/29/2021
10/10/2021
Isaac
Perez
11/7/2022
1/14/2024
Jose
Perez
1/2/2023
1/14/2024
Juan Badillo
Perez
11/20/2023
12/31/2023
Juana
Perez
1/3/2022
1/14/2024
Laura
Perez
3/29/2021
12/31/2023
Sebastian
Perez
7/19/2021
12/19/2021
Leonel
Perez Bazan
5/23/2022
1/14/2024
Luis
Perez Bazan
5/23/2022
1/14/2024
Antonio
Perez Gomez
7/4/2022
1/14/2024
Griselda
Pineda Ochao
11/20/2023
12/3/2023
Nelson
Pinto
3/29/2021
12/17/2023
Manuel
Pom
1/1/2024
1/14/2024
Julia
Pop
12/18/2023
1/14/2024
Milton
Pop
11/6/2023
1/14/2024
Rosa
Pop
1/2/2023
1/14/2024
Vicente
Pop
1/2/2023
12/17/2023
Jacinto
Pop Ical
12/4/2023
1/14/2024
Heron
Puebla
11/20/2023
1/14/2024
Jose
Pullido
9/26/2022
10/9/2022
Edgar
Putul
11/7/2022
12/17/2023
Francisco
Ramirez
3/29/2021
12/19/2021
Osbaldo
Ramirez
11/20/2023
1/14/2024
Pablo
Ramirez
4/11/2022
1/14/2024
Marlon
Ramirez Tut A
12/5/2022
1/14/2024
Cruz
Ramos
11/6/2023
11/19/2023
Juan
Ramos
11/7/2022
1/14/2024
Justo
Ramos
11/20/2023
1/14/2024
Abelardo
Rax
1/17/2022
12/17/2023
Abelino
Rax
12/11/2023
1/21/2024
Abraham
Rax
5/23/2022
1/14/2024
Alvaro
Rax
8/2/2021
1/14/2024
Javier
Rax
12/10/2023
12/23/2023
Lidia
Rax
12/18/2023
1/14/2024
Rudy
Rax
7/3/2023
12/17/2023
Walter
Rax
8/2/2021
10/8/2023
Juan
Rax Bol
1/16/2023
9/24/2023
Andres
Raya
1/2/2023
12/17/2023
Anai
Rea Bemol
7/1/2023
7/14/2023
Alejandra
Reyes
11/20/2023
12/3/2023
Pedro
Reyes
4/10/2023
4/23/2023
Arnulfo
Reyes Rosales
8/16/2021
11/19/2023
Daniel
Rios
3/29/2021
1/14/2024
Pablo
Rivera
12/11/2023
1/21/2024
Arturo
Rivera Flores
4/12/2021
11/19/2023
Emmanuel
Rojo
3/29/2021
12/31/2023
Mario
Rolando Chen
11/6/2023
12/31/2023
Abelardo
Romero
10/9/2022
3/12/2023
Guadalupe
Ron Cruz
11/20/2023
12/17/2023
Ruben
Rueda
6/20/2022
1/14/2024
Mariana
Ruiz
8/12/2023
8/25/2023
Rony
Ruiz
10/23/2021
1/14/2024
Rudy
Ruiz
9/27/2021
10/24/2021
Agustin
Sanchez
3/29/2021
4/11/2021
Andrea
Sanchez
6/20/2022
7/31/2022
Fabiola
Sanchez
2/28/2022
10/9/2022
Jesus
Sanchez
12/5/2022
12/31/2023
Jocelyn
Sanchez
6/6/2022
7/31/2022
Nereida
Sanchez
1/31/2022
1/14/2024
Porfirio
Sanchez
11/20/2023
1/14/2024
Ramiro
Sanchez
11/20/2023
1/14/2024
Andres
Sanchez Castillo
6/21/2021
4/9/2023
Frankli
Sanchez Martinez
12/5/2022
1/14/2024
Karla Evelin
Sandoval
11/20/2023
12/31/2023
Carlos
Santa Maria
11/20/2023
1/14/2024
Julissa
Santos
11/20/2023
12/3/2023
Diego
Santos Cruz
12/6/2021
12/19/2021
Vicente
Saquil
12/5/2022
12/18/2022
Cesar
Sarabia
3/29/2021
8/1/2021
Anali
Saucedo
11/20/2023
1/14/2024
Gabriel
Sebastian
6/20/2022
10/8/2023
Gerardo
Sergio
12/10/2023
1/14/2024
Eddy Jose
Socop Perechu
11/6/2023
12/3/2023
Edwin Manuel
Socop Perechu
11/6/2023
12/3/2023
Noe
Sosa
11/6/2023
11/19/2023
Cynthia
Soto
7/17/2023
7/30/2023
Hipolito
Soto
11/20/2023
1/14/2024
Jaime
Sozimo
11/7/2022
1/14/2024
Brandon
Stephan Camba
3/29/2021
11/21/2021
Ruben
Tapia
1/2/2023
1/14/2024
Jesus
Tavera
11/6/2023
11/19/2023
Elvira
Tec
8/29/2022
12/4/2022
Gaudencio
Tec
1/1/2024
1/14/2024
Leuterio
Tejada
11/8/2021
10/8/2023
David
Teletor
1/2/2023
12/3/2023
Roberto
Tenorios Toros
11/20/2023
12/17/2023
Yesenia
Tinoco Torres
11/6/2023
12/3/2023
Leobardo
Toledo Ojeda
11/6/2023
12/17/2023
Rey
Toledo Ojeda
12/18/2023
1/14/2024
Elias
Torres
8/12/2023
8/25/2023
Fernanda
Torres
12/18/2023
1/14/2024
Pedro
Tzib
11/7/2022
1/14/2024
Leovardo
Tzir
3/28/2022
4/24/2022
Marcos
Uriel Sanchez Martinez
7/31/2023
1/14/2024
Jorge
Valenzuela
11/7/2022
11/20/2022
Armando
Varela Meza
10/23/2023
12/3/2023
Raquel
Varela Meza
7/19/2021
11/19/2023
Javier
Vargas
11/6/2023
1/14/2024
Julia
Vasquez
11/20/2023
12/3/2023
Yolanda
Vasquez Bernal
11/20/2023
12/17/2023
Araceli
Vazquez
4/10/2023
4/23/2023
Teresa
Vazquez F
10/23/2021
12/19/2021
Leonel
Velasco Cardoza
10/23/2021
12/19/2021
Alejandro
Velasquez
5/23/2022
6/5/2022
Christopher
Velasquez
11/7/2022
1/14/2024
Florinda
Velasquez Castro
2/28/2022
1/14/2024
Armando
Velazquez Castadena
11/20/2023
12/17/2023
Arturo
Venegas Tovar
11/20/2023
1/14/2024
Gerardo
Venegas Tovar
12/4/2023
12/17/2023
Ana
Ventura
12/11/2023
1/21/2024
Carlos Juan
Ventura Mateo
7/17/2023
7/30/2023
Eulises
Villavicencio
12/4/2023
1/14/2024
Salvador
Xal
9/26/2022
1/14/2024
Fredy
Xi
1/17/2022
1/30/2022
Mayra Marilena
Xiloj Lastor
6/6/2022
7/30/2023
Alexander
Xol
12/10/2023
1/14/2024
Henry
Xol
11/6/2023
1/14/2024
Ramiro
Xol
1/1/2024
1/14/2024
Ricardo
Xol
12/10/2023
1/14/2024
Reginaldo
Xol Chub
11/7/2022
12/18/2022
Carlos
Xol Tiul
12/10/2023
12/23/2023
Manuel Jose
Zamudio
12/5/2022
1/1/2023
Edgar
Zapeta
10/23/2023
11/19/2023
EXHIBIT 2
AVISO A EMPLEADOS DE SUS DERECHOS
AVISO A EMPLEADOS DE SUS DERECHOS
El Departamento de Trabajo hace cumplir La Ley Federal de Normas Justos De Trabajo. SU ESTATUS MIGRATORIO NO IMPORTA Y NO AFECTA SUS DERECHOS LABORALES.
• Según esta ley federal, su empleador debe pagarle:
o El pago de sobretiempo, que se calcula tomando la tasa de su tarifa regular más la mitad de su tarifa regular por las horas trabajadas en exceso de 40 en una semana laboral. Para calcular la “tarifa regular” para los empleados a los que se les pagan por pieza y por hora y les dan un bono de producción, generalmente, el cálculo es tomando la compensación bruta total ganada en la semana y dividida por el total de las horas trabajadas durante esa semana. No se puede renunciar a su derecho a sobretiempo a su “tarifa regular” real firmando un contrato para trabajar por un salario mínimo o una cantidad fija.
o Su empleador debe documentar y reportar correctamente cada hora que trabaja y todos los pagos que recibe.
• Su empleador y supervisores no pueden amenazarlo ni tomar medidas en su contra por hablar con un representante del departamento de trabajo, participar en un caso legal del departamento de trabajo, o ejercer sus derechos ante la La Ley de Normas Justos De Trabajo
• Es ilegal que cualquier persona le haga daño porque ejerció sus derechos bajo la La Ley de Normas Justos De Trabajo.
• Es ilegal que su empleador tome medidas como las siguientes porque ejerció sus derechos bajo la La Ley de Normas Justos De Trabajo:
o Preguntarle si y que le dijo al Departamento de Trabajo;
o Llamarle nombres despectivos;
o Tratarlo de manera diferente que antes, incluso decirle que debe tener más cuidado de no ser despedido como un empleado en período de prueba;
o Despedirlo a usted o a cualquier amigo o familiar que trabaje con usted;
o Negarse a pagarle por todas las horas que trabaja;
o Negarse a emplear a un familiar suyo;
o Hacer cualquier otra amenaza
o tomar cualquier acción dañina contra usted;
• También es ilegal que alguien le obligue a decir o firmar un documento con 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.
• Estas leyes se aplican a usted sin importancia de su estatus migratorio.
Si desea hablar con el DOL, puede comunicarse con (213) 894-6375
NOTICE TO EMPLOYEES OF YOUR RIGHTS
The Department of Labor (DOL) enforces the federal Fair Labor Standards Act (FLSA). YOUR IMMIGRATION STATUS DOES NOT MATTER AND DOES NOT IMPACT YOUR WORKPLACE RIGHTS
• Under this law, your employer must pay you:
o The overtime premium, at a rate of time and one half your “regular rate” for the hours you work over 40 in a workweek. To calculate the “regular rate” for piece rate employees and hourly employees paid a production bonus, generally, take the total compensation for the week and divide it by the total hours you worked that week. Your right to overtime at your actual “regular rate” cannot be waived by signing a contract to work for minimum wage or a fixed amount.
o Your employer must correctly document and report each hour you work and all pay you receive.
• Your employer and supervisors cannot threaten you or take action against you for speaking to a DOL representative, participating in a DOL legal case, or exercising your FLSA rights.
• It is illegal for anyone to harm you because you exercised your rights under the FLSA.
• It is illegal for your employer to take actions like the following because you exercised your FLSA rights:
o Ask you if and what you said to the DOL; o Call you derogatory names;
o Treat you differently than before, including tell you that now you must be more careful to not be fired like an employee on their probationary period, o Fire you or any friends or relatives that work with you; o Refuse to pay you for all hours you work; o Refuse to hire a relative of yours; o Make any other threat or take any harmful action against you.
• It is also illegal for anybody to make you sign a document with 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.
• These laws apply to you regardless of your immigration status.
If you want to talk to DOL, you can call it at (213) 894-6375
Exhibit 3 Omitted