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)