Hilda L Solis v. Nolberto Rosa Orellana
Filing
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CONSENT JUDGMENT by Judge George H Wu ORDERED, ADJUDGED, AND DECREED that defendant Nolberto Rosa Orellana individually and doing business as LA Sewing Contractor, his agents, servants, and employees and those persons in active concert or participation with him who receive actual notice of this order (by personal service or otherwise) be, and they hereby are, permanently enjoined and restrained from violating the provisions of Sections. ( MD JS-6. Case Terminated ) (pj)
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Mary K. Alejandro
Acting Regional Solicitor
Daniel J. Chasek
Associate Regional Solicitor
Susan Seletsky, Attorney (CSBN #176106)
Office of the Solicitor (Sol 1219796)
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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MADE JS-6
CENTRAL DISTRICT OF CALIFORNIA
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HILDA L. SOLIS,
Secretary of Labor,
United States Department of Labor,
) Case No. CV 12-4288 GW (JEMx)
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Plaintiff,
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) CONSENT JUDGMENT
v.
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NOLBERTO ROSA ORELLANA individu- )
ally and doing business as LA SEWING
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CONTRACTOR,
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Defendant.
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Plaintiff Hilda L. Solis, Secretary of Labor, U.S. Department of Labor (“Secre-
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tary“), and Defendant Nolberto Rosa Orellana, individually and doing business as LA
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Sewing Contractor (“Defendant”), have agreed to resolve the matters in controversy in
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this civil action and consent to the entry of this Consent Judgment in accordance here-
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with:
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A. The Secretary has filed a Complaint alleging that Defendant violated provi-
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sions of Sections 15(a)(1), 15(a)(2), and 15(a)(5), 29 U.S.C. §§ 215(a)(1), 215 (a)(2),
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and 215(a)(5), of the Fair Labor Standards Act of 1938, as amended (“FLSA”).
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B.
Defendant has appeared and after having been advised of his right to seek
counsel, acknowledged receipt of a copy of the Secretary’s Complaint.
Consent Judgment (Sol #1219796)
Page 1 of 6
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C.
Defendant waives issuance and service of process and waives answer and
any defenses to the Secretary’s Complaint.
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.
Defendant admits that the Court has jurisdiction over the parties and subject
matter of this civil action and that venue lies in the Central District of California.
F.
Defendant admits that it failed to pay its employees an overtime premium
when they worked in excess of 40 hours in a workweek resulting in $97,078.61 in backwages due to its employees which amount has been posted by the manufacturer.
It is therefore, upon motion of the attorneys for the Secretary, and for cause
shown,
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ORDERED, ADJUDGED, AND DECREED that defendant Nolberto Rosa
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Orellana individually and doing business as LA Sewing Contractor, his agents, servants,
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and employees and those persons in active concert or participation with him who receive
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actual notice of this order (by personal service or otherwise) be, and they hereby are,
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permanently enjoined and restrained from violating the provisions of Sections 15(a)(1),
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15(a)(2) and 15(a)(5) of the FLSA, 29 U.S.C. §§ 215(a)(1), 215(a)(2), and 215(a)(5), in
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any of the following manners:
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1.
Defendant shall not, contrary to FLSA § 7, 29 U.S.C. § 207, employ any
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employee who in any workweek is engaged in commerce or the production of goods for
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commerce, or employed in an enterprise engaged in commerce or in the production of
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goods for commerce, within the meaning of the FLSA, for a workweek longer than 40
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hours unless the employee is paid at a rate of time and one half the employee’s regular
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rate for all hours worked in excess of 40 hours in a workweek.
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2.
Defendant shall not fail to make, keep, make available to authorized agents
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of the Secretary for inspection, transcription, and/or copying, upon their demand for
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such access, and preserve records of employees and of the wages, hours, and other con-
Consent Judgment (Sol #1219796)
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ditions and practices of employment maintained, as prescribed by regulations issued, and
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from time to time amended, pursuant to FLSA §§ 11(c) and 15(a)(5), 29 U.S.C.
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§§ 211(c) and 215(a)(5) and the implementing regulations found in Title 29, Code of
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Federal Regulations, Part 516.
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3.
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 has been employed in viola-
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tion of FLSA §§ 6 and/or 7, 29 U.S.C. §§ 206 and/or 207.
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4.
Defendant shall not continue to withhold the payment of $97,078.61 in un-
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paid overtime pay hereby found to be due under the FLSA to 47 employees for the pe-
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riod from January 23, 2010 to January 23, 2012, as a result of their employment by the
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Defendant. The attached Exhibit 1 shows the name of each employee, period of em-
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ployment and gross backwage amount due to each employee.
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The provisions of this paragraph are deemed satisfied by Wage and Hour having
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received payment of this amount from the manufacturer on whose goods Defendant’s
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employees worked.
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5.
So long as Defendant is associated in any way with the garment industry in
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Los Angeles, Defendant shall not fail to notify the Wage and Hour Division of any
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change in the name, location or telephone number of his business, or the name, location
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and telephone number of any garment business in which he is employed in any capacity.
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Defendant shall notify the Wage and Hour Division at 915 Wilshire Boulevard, Ste. 960,
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Los Angeles, CA 90017, Telephone (213) 894-6375, within 15 calendar days of any
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such change.
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6.
Defendant shall not demand, request or accept return of the backwages paid
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to the employees pursuant to this Judgment or any portion thereof, nor may he deduct
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the value of the backwages from the wages of the employees going forward, nor may he
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harass, retaliate, discharge or reduce the hours of any employee because of the em-
Consent Judgment (Sol #1219796)
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ployee’s receipt of the backwages due under this Judgment; 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.
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SO ORDERED.
Dated: May 31, 2012
___________________________________
GEORGE H. WU, U.S. DISTRICT JUDGE
The defendant Nolberto Rosa Orellana
individually and doing business as LA Sewing
Contractor hereby appears, waives any defense
herein, consents to the entry of this Consent
Judgment, and waives notice by the
Clerk of Court:
By: ___________________________
Nolberto Rosa Orellana, individually
_____________________
Date
By: ___________________________
Nolberto Rosa Orellana doing
business as LA Sewing Contractor
_______________________
Date
For the plaintiff:
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M. PATRICIA SMITH
Solicitor of Labor
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MARY K. ALEJANDRO
Acting Regional Solicitor
DANIEL J. CHASEK
Associate Regional Solicitor
________________________
SUSAN SELETSKY, Attorney
Attorneys for the Plaintiff,
U.S. Department of Labor
Consent Judgment (Sol #1219796)
_______________________
Date
Page 4 of 6
Exhibit 1
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Last Name
First Name
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Alonso
Martha
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Argueta
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Period of Employment
Gross Amount Due
10/8/2010 – 1/27/2012
$3,081.50
Diego
10/22/2010 – 12/17/2010
$333.67
Argueta
Gregorio
10/29/2010 – 12/17/2010
$440.24
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Avila
Manuel
10/8/2010 – 9/23/2011
$1,986.00
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Cano
Susana
4/2/2010 – 12/30/2011
$4,555.50
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Castano
Lidia
3/26/2010 – 1/30/2012
$775.72
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Castro
Maria
2/20/2010 – 3/11/2011
$4,423.10
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Ceja
Dolores
12/30/2011 – 1/27/2012
$176.50
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Cornelio
Coril
8/12/2011 – 9/23/2011
$356.00
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Cruz
Maria
7/1/2010 – 1/27/2012
$2,755.50
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Cruz
Mercedes
2/20/2010 – 3/11/2011
$6,621.18
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Enriquez
Israel
3/5/2010 – 1/13/2012
$957.97
Escudero
Javier
2/11/2011 – 3/11/2011
$920.75
Estrada
Rita
4/2/2010 – 4/8/2011
$1,087.44
Flores
Felix
10/8/2010 – 3/11/3011
$2,499.78
Garcia
Miguel
2/25/2011 – 3/11/2011
$1,554.32
Gongora
Luis
12/3/2011 – 1/13/2012
$846.42
Gonzaga
Anel
10/7/2011 – 12/30/2011
$158.00
Gonzalez
Julio
3/5/2010 – 3/11/2011
$1,548.90
Gonzalez
Virginia
3/5/2010 – 3/5/2010
$96.00
Hernandez
Miguel
10/8/2010 – 3/11/2011
$3,551.50
Lara
Elizabeth
2/20/2010 – 12/30/2011
$1,085.32
Lopez
Milgen
2/20/2010 – 1/27/2012
$3,927.19
Lorenzo
Maria
3/12/2010 – 3/11/2011
$7,900.96
Maldonado
Irineo
10/8/2010 – 2/11/2011
$3,411.78
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Consent Judgment (Sol #1219796)
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Last Name
First Name
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Maldonado
Santos
3/1/2011 – 3/11/2011
$4,013.54
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Matul
Wulison
3/5/2010 – 3/11/2011
$4,099.08
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Montoya
Martina
2/20/2010 – 3/11/2011
$6,868.00
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Mora
Liliana
10/8/2010 – 11/18/2011
$2,356.00
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Morales
Francisco
11/12/2010 – 12/17/2010
$154.82
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Ocana
Veronica
4/2/2010 – 4/30/2010
$349.86
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Oxlaj
Josue
11/25/2011 – 12/22/2011
$550.57
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Paredes
Marisa
11/4/2011 – 11/18/2011
$525.00
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Paredes
Nidia
10/15/2010 – 3/31/2011
$351.89
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Perez
Paula
1/28/2011 – 8/15/2011
$518.00
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Pleytez
Rosa
2/20/2010 – 2/11/2011
$1,673.13
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Ramirez
Charlie
3/12/2010 – 1/27/2012
$3,518.19
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Rivas
Maynor
2/20/2010 – 1/26/2012
$3,343.00
Rosas
Jesus
2/20/2010 – 11/25/2010
$488.74
Rosas
Yolanda
10/8/2010 – 1/13/2012
$3,010.00
Rubio
Angel
10/15/2010 – 3/11/2011
$7,810.00
Samano
Salvador
3/5/2010 – 4/2/2010
$153.00
Sanchez
Lourdes
3/26/2010 – 12/0/2010
$684.67
Silva
Consuelo
6/10/2011 – 12/30/2011
$534.24
Trujillo
Jose
2/26/2010 – 9/23/2011
$319.67
Valdivia
Patricia
2/20/2010 – 4/2/2010
$340.00
Vega
Jorge
11/25/2011 – 1/13/2012
$365.97
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Period of Employment
Gross Amount Due
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Consent Judgment (Sol #1219796)
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