United States District Court, E.D. Washington
R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff,
KALEY PROPERTY SERVICES, INC., a Washington corporation, KPS REALTY, LLC d/b/a KPS MANAGEMENT, a Washington Limited Liability Corporation; COMSTOCK CONSTRUCTION & RENOVATIONS, LLC, a Washington limited liability company; KARLYN KALEY, an individual and managing agent of the Corporate Defendants; and RICHARD KALEY, an individual and a managing agent of the Corporate Defendants, Defendants.
STANLEY A. BASTIAN UNITED STATES DISTRICT JUDGE.
R. ALEXANDER ACOSTA, Secretary of Labor, United States
Department of Labor (the “Secretary”), and
Defendant KALEY PROPERTY SERVICES, INC. (“KPS” or
“Defendant”), have agreed to resolve the matters in
controversy in this civil action and agree to the entry of
this Consent Judgment and Order (“Judgment”).
Secretary filed a Complaint in the above-captioned proceeding
naming Defendant and alleging that Defendant violated
provisions of sections 6, 7, 11(c), 15(a)(2) and 15(a)(5) of
the Fair Labor Standards Act of 1938, as amended
(“FLSA”), 29 U.S.C. §§ 206, 207,
211(c), 215(a)(2) and 215(a)(5). Defendant has appeared in
Defendant admits that the Court has jurisdiction over the
parties and subject matter of this civil action and that
venue lies in the Eastern District of Washington.
Defendant denies the allegations in the Complaint, and
specifically denies that it violated provisions of sections
6, 7, 11(c), 15(a)(2), and 15(a)(5) of the Fair Labor
Standards Act of 1938, as amended (“FLSA”), 29
U.S.C. §§ 206, 207, 211(c), 215(a)(2), and
Secretary and Defendant waive Findings of Fact and
Conclusions of Law, and agree to the entry of this Judgment
in settlement of this action, without further contest.
therefore, upon joint motion of the attorneys for the
parties, and for cause shown, ORDERED, ADJUDGED, AND DECREED
that Defendant, its officers, and its agents are permanently
enjoined and restrained from violating the provisions of
sections 6, 7, 11(c), 15(a)(2) and 15(a)(5) of the FLSA, 29
U.S.C. §§ 206, 207, 211(c), 215(a)(2) and
215(a)(5), in any of the following manners:
1. In accordance with FLSA §§ 6 and 15(a)(2),
Defendant shall not employ any employee who is engaged in
commerce, within the meaning of the FLSA, or is employed in
an enterprise engaged in commerce or in the production of
goods for commerce, within the meaning of FLSA § 3(s),
at wage rates less than the applicable federal minimum wage.
2. In accordance with FLSA §§ 7 and 15(a)(2),
Defendant shall not employ any employee who in any workweek
is engaged in commerce, within the meaning of the FLSA, or is
employed in an enterprise engaged in commerce or in the
production of goods for commerce, within the meaning of FLSA
§ 3(s), for any workweek longer than 40 hours unless
such employee receives compensation for his or her employment
in excess of 40 hours in such workweek at a rate not less
than one and one-half times the regular rate at which he or
she is employed.
3. Defendant shall make, keep, and make available to
authorized agents of the Secretary workplace records as
prescribed by FLSA §§ 11(c) and 15(a)(5), 29 U.S.C.
§§ 211(c) and 215(a)(5), and the implementing
regulations found in Title 29, Code of Federal Regulations,
4. Defendant shall pay $10, 000, to be treated as back wages
under the FLSA and this Judgment, to individuals on Exhibit
1, as a result of their employment by Defendant during the
period of August 2, 2014, through July 31, 2016 (“back
wage accrual period”) as set forth in the attached
Exhibit 1, showing the name of each employee and listing on
the same line the gross back wage amount due the employee and
the period covered by the Consent Judgment.
5. Defendant shall make a further payment of $10, 000
pursuant to Section 16(c) of the FLSA, such amounts allocated
to each employee shown on ECF No. 12-1, Exhibit 1, as
6. Defendant shall effect payments as identified in
paragraphs 4 and 5 above as follows:
a. On or before March 28, 2018, a schedule shall be provided
to the Seattle Regional Office of the Wage Hour Division, 300
Fifth Avenue, Suite 1130, Seattle, WA 98104. Such schedule
shall (1) bear the name of the corporate Defendant, employer
identification number, address, and phone number of the
corporate Defendant; and (2) show the name, last known (home)
address, social security number, and employer-issued ...