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Acosta v. Kaley Property Services Inc.

United States District Court, E.D. Washington

March 27, 2018

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
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.

          CONSENT JUDGMENT

          STANLEY A. BASTIAN UNITED STATES DISTRICT JUDGE.

         Plaintiff, R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor (the “Secretary”), and Defendant KALEY PROPERTY SERVICES, INC. (“KPS” or “Defendant”)[1], have agreed to resolve the matters in controversy in this civil action and agree to the entry of this Consent Judgment and Order (“Judgment”).

         A. The 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 this action.

         B. 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.

         C. 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 215(a)(5).

         D. The 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.

         It is 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, Part 516.
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 liquidated damages.
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 ...

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