Hilda L Solis v. Finesse Apparel Inc
Filing
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CONSENT JUDGMENT by Judge Gary A. Feess in favor of Hilda L Solis against Finesse Apparel Inc ( MD JS-6. Case Terminated ) (rrey)
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Lawrence Brewster
Regional Solicitor
Daniel J. Chasek
Associate Regional Solicitor
Susan Seletsky, Attorney (CSBN #176106)
Office of the Solicitor (Sol #119548)
United States Department of Labor
350 So. Figueroa St., Suite 370
Los Angeles, California 90071-1202
Telephone: (213) 894-4983
Facsimile: (213) 894-2064
seletsky.susan@dol.gov
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Attorneys for the Plaintiff
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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HILDA L. SOLIS,
Secretary of Labor,
United States Department of Labor,
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v.
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Plaintiff,
FINESSE APPAREL, INC. dba FINESSE
Defendant.
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) Case No.: CV 11-07793 GAF(VBLx)
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) CONSENT JUDGMENT
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Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of Labor
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(“Secretary”), and Defendant Finesse Apparel, Inc. dba Finesse (“Defendant”), have
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agreed to resolve the matters in controversy in this civil action and consent to the entry
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of this Consent Judgment in accordance herewith:
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A.
The Secretary has filed a Complaint alleging that the Defendant violated
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provisions of Sections 15(a)(1), 29 U.S.C. § 215(a)(1) of the Fair Labor Standards Act of
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1938, as amended (“FLSA”).
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B.
The Defendant has appeared by counsel and acknowledges receipt of a copy
of the Secretary’s Complaint.
C.
The Defendant waives issuance and service of process and waives answer
and any defenses to the Secretary’s Complaint.
Consent Judgment (Sol #119548)
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D.
The Secretary and Defendant waive Findings of Fact and Conclusions of
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Law, and agree to the entry of this Consent Judgment in settlement of this action, with-
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out further contest.
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E.
The Defendant admits that the Court has jurisdiction over the parties and
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subject matter of this civil action and that venue lies in the Central District of California.
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It is therefore, upon motion of the attorneys for the Secretary, and for cause
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shown,
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ORDERED, ADJUDGED, AND DECREED that the Defendant, its officers,
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agents, servants, and employees and those persons in active concert or participation with
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it who receive actual notice of this order (by personal service or otherwise) be, and they
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hereby are, permanently enjoined and restrained from violating the provisions of Section
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15(a)(1), 29 U.S.C. § 215(a)(1) of the Fair Labor Standards Act of 1938, as amended
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(“FLSA”), in any of the following manners:
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1)
Defendant shall not, contrary to FLSA § 15(a)(1), 29 U.S.C. § 215(a)(1),
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transport, offer for transportation, ship, deliver, or sell in commerce (or ship, deliver, or
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sell with knowledge or reason to believe that shipment, delivery, or sale in commerce is
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intended) goods in the production of which any employee (of the Defendant or other(s))
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has been employed in violation of the FLSA’s minimum wage (29 U.S.C. § 206) or
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overtime pay provisions (29 U.S.C. § 207);
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2)
Defendant shall discuss the following subjects with the owner or top man-
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agement official of all sewing, cutting, and finishing contractors (hereafter “contrac-
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tor(s)”) with whom it does business in order to assess the contractor’s willingness and
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ability to understand and comply with the FLSA prior to entering into any agreement
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with the contractor for its services. Defendant shall maintain for a period of three years
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documentation showing that these subjects have been discussed and produce this docu-
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mentation to representatives of the Secretary of Labor upon their request:
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A.
The terms of the FLSA, including the contractor’s obligation to pay
minimum wage and overtime and maintain accurate records of the hours worked
Consent Judgment (Sol #119548)
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by and wages paid to its employees;
B.
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Whether the proposed price terms are such that the contractor will be
able to comply with the FLSA’s minimum wage and overtime requirements;
C.
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The contractor’s willingness and ability, in light of the contractor’s
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prior compliance history, involvement in the industry and financial resources, to
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understand and comply with the FLSA;
D.
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The contractor’s obligation to inform Defendant immediately when-
ever the contractor is unable to meet any requirement of the FLSA;
E.
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The Defendant will require the contractor to maintain true and accu-
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rate payroll records, and records of hours worked by all persons who work on
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goods produced for the Defendant. The contractor shall make these records avail-
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able to the Defendant and the U. S. Dept. of Labor upon request.
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Defendant shall supply copies of the documentation required by this paragraph to
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representatives of the Secretary of Labor upon their request;
3)
On at least an annual basis, Defendant shall hire an independent third party
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to conduct a pricing analysis of a representative sample of the different types of gar-
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ments produced by Defendant to determine whether the fees Defendant pays to its con-
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tractors for their work on Defendant’s goods are sufficient in light of the wage require-
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ments of the FLSA. Defendant shall maintain documentation of these analyses for a pe-
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riod of three years and provide it to representatives of the Secretary of Labor upon their
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request;
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4)
Within 30 days of the entry of this Judgment, Defendant shall institute a
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program to monitor its contractors to enforce the contractors’ compliance with the
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FLSA. The monitoring program shall include the following components:
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a. Random and unannounced site visits to the contractor, at least on a quarterly annual basis;
b. Review of the contractor’s timecards and payroll records on at least a
quarterly annual basis;
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c. Private and confidential interviews of at least 20% of the current employees to determine the hours they work and the wages they are paid;
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d. Disclosure to the contractor of any FLSA compliance issues revealed by
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the monitoring and corrective action recommended to the contractor.
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The monitor shall produce written reports of its findings which Defendant shall
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maintain for a period of three years. Defendant shall supply copies of these reports to
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representatives of the Secretary of Labor upon their request;
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5)
Defendant shall maintain for a period of three years copies of all cutting
tickets issued to their contractors and supply copies of these records to representatives of
the Secretary of Labor upon their request;
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Defendant shall maintain records of all shipments made to retailers for at
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least three years from the date the shipment was made and supply copies of these records
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to representatives of the Secretary of Labor upon their request;
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7)
Defendant shall supply all of its contractors with copies of the attached Ex-
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hibit 2, in English, Spanish and Korean, which summarizes terms of this Judgment and
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the employees’ rights under the FLSA. The Defendant shall ensure that its contractors
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distribute a copy of Exhibit 2 to each of their current employees within 30 days of entry
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of this Judgment, in the employees’ native languages, provide copies to all new hires,
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and post a copy at each of its contractor’s establishments; and it is further
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ORDERED that each party shall bear its own fees and other expenses incurred by
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such party in connection with any stage of this proceeding, including but not limited to
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attorneys' fees, which may be available under the Equal Access to Justice Act, as
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amended; and, it is further
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ORDERED that this Court retains jurisdiction of this action for purposes of enforcing compliance with the terms of this Consent Judgment.
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Dated: September 28, 2011
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Consent Judgment (Sol #119548)
______________________________
U.S. DISTRICT COURT JUDGE
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For the Defendant:
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The Defendant hereby appears, waives any
defense herein, consents to the entry of
this Judgment, and waives notice by the
Clerk of Court:
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For Finesse Apparel, Inc.:
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By: ___________________________
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Its: ___________________________
Owner
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_____________________
Date
Attorneys for the Defendant
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LAW OFFICES OF ELLIOTT KIM
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_______________________________
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Law Offices of Elliott Kim
3550 Wilshire Boulevard, Ste. 730
Tel: (213) 388-7900
Fax: (213) 388-7911
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__________________________
Date
For the Plaintiff:
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M. PATRICIA SMITH
Solicitor of Labor
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LAWRENCE BREWSTER
Regional Solicitor
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DANIEL J. CHASEK
Associate Regional Solicitor
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SUSAN SELETSKY, Attorney
Attorneys for the Plaintiff
U.S. Department of Labor
Consent Judgment (Sol #119548)
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Date
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Exhibit 2
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LEGAL NOTICE TO ALL EMPLOYEES
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The Fair Labor Standards Act provides that all employees must be
paid minimum wage for all hours worked. In addition, employees must be
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paid overtime, at a rate of time and one half their regular rate, for the
hours they work over 40 in a workweek. All employees, whether they
are paid hourly or on a piece rate basis are entitled to overtime when
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they work over 40 hours.
To resolve a lawsuit brought by the Department of Labor, the United
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States District Court entered an Order forbidding Finesse Apparel, Inc., a
garment manufacturer, from shipping goods on which employees were not
paid the minimum wage or overtime required by the Fair Labor Standards
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Act. All employees who work in this establishment can help Finesse not to
violate the Court’s Order. If you think you are not being paid in accord-
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ance with the law, call Finesse at (213) 741-5081. Or, you can call the
U.S. Department of Labor, Wage and Hour Division, at (213) 894-6375 and
your name will be kept confidential.
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Consent Judgment (Sol #119548)
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Exhibit 2
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NOTICIA LEGAL A TODOS LOS EMPLEADOS
La Ley de Normas Razonables de Trabajo determinan que se les debe de pagar a
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todos los empleados el sueldo mínimo por todas las horas que ellos trabajen. A la vez,
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también estipula que todo empleado que trabaje sobre tiempo, más de 40 horas en una
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semana laboral, se les deberá pagar a tiempo y medio de lo que ganen por cada hora de
sobre tiempo trabajada. Todos los empleados, independientemente de que se les pague
por hora o por pieza, tienen derecho a que se les pague el sobre tiempo cuando trabajan
más de 40 horas en una semana laboral.
Para resolver una demanda laboral iniciada por el Departamento Del Trabajo, la
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corte del Distrito de los Estados Unidos expidió una orden que prohíbe a Finesse Ap-
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parel, Inc., una fábrica de ropa, de enviar la producción a sus distribuidores si en la fab-
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ricación de dichos productos no se les pago a los empleados el sueldo mínimo o el sobre
tiempo requerido por la Ley de Norma Razonables de Trabajo. Todos los empleados
que trabajan en éste establecimiento pueden ayudar a Finesse, a no violar la orden de la
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Corte. Si usted piensa que no se le pago de acuerdo a lo que la ley indica, por favor
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llame a Finesse, al número (213) 741-5081, o usted también puede llamar directamente
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al Departamento del Trabajo de los Estados Unidos, Division de Horas y Salarios, al
(213) 894-6375. Su llamada será confidencial.
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Consent Judgment (Sol #119548)
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Consent Judgment (Sol #119548)
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