Solis v. Berry Good Farms LLC et al, No. 3:2011cv05577 - Document 5 (W.D. Wash. 2011)
Court Description: ORDER granting 2 Consent Judgment as to Injunctive Relief Only, signed by Judge Ronald B. Leighton.(DN)
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Solis v. Berry Good Farms LLC et al Doc. 5 1 Hon. Ronald B. Leighton 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 10 11 12 13 14 15 HILDA L. SOLIS, SECRETARY OF LABOR, ) UNITED STATES DEPARTMENT OF LABOR, ) ) Plaintiff, ) ) v. ) BERRY GOOD FARMS and LEE NGUYEN, ) ) Defendants, ) __________________________________________) Case No. 3:11-cv-05577 RBL PARTIAL CONSENT JUDGMENT AS TO INJUNCTIVE RELIEF ONLY 16 17 Plaintiff, Hilda Solis, Secretary of Labor, United States Department of Labor, has filed her 18 Complaint, and Defendants Berry Good Farms and Lee Nguyen hereby acknowledges receipt of a 19 copy of the Summons and Complaint herein, waive their Answer and waive any defense to the 20 Complaint filed herein, waive further findings of fact and conclusions of law, and agree to the entry 21 22 23 24 25 of this Judgment without contest. It is, therefore, upon motion of the attorneys for Plaintiff, and for cause shown: (1) ORDERED, ADJUDGED AND DECREED that Defendants Berry Good Farms and Lee Nguyen, their officers, agents, servants, and employees and all persons acting or claiming to act 26 U.S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR 1111 Third Ave., Suite 945 Seattle, WA 98101 Telephone: (206) 553-0940 Facsimile: (206) 553-2768 27 28 CONSENT JUDGMENT – PAGE 1 OF 6 SOLIS V. BERRY GOOD FARMS AND LEE NGUYEN Dockets.Justia.com 1 on their behalf and interest be, and hereby are, permanently enjoined and restrained from violating 2 the provisions of Sections 15(a)(4) and 15(a)(5) of the Fair Labor Standards Act of 1938, as amended 3 (29 U.S.C. §201 et seq.), hereinafter referred to as the Act, in the following manner: 4 (a) 5 Defendants Berry Good Farms and Lee Nguyen shall not, contrary to Section 6 15(a)(4) of the Act: (1) ship or deliver for shipment in commerce goods produced in an establishment 7 situated in the United States in or about which, within thirty days prior to the removal of such goods 8 therefrom, oppressive child labor has been employed, and; (2) employ child labor in commerce or in 9 the production of goods for commerce or in any enterprise engaged in commerce or in the production 10 11 of goods for commerce, and; (b) 12 13 14 Defendants Berry Good Farms and Lee Nguyen shall not, contrary to Sections 11(c) and 15(a)(5) of the Act, fail to make, keep, and preserve records as prescribed by the regulations duly promulgated under Section 11(c) (29 C.F.R. §516), showing employees’ hours 15 16 worked each workday and each workweek, the regular rate of pay, the basis upon which wages are 17 paid, the total straight time earnings for each workweek, the total overtime excess compensation, the 18 nature and amount of each deduction made each workweek, and other relevant identifying 19 information pertaining to the employee, with respect to each of their employees. 20 (2) IT IS FURTHER ORDERED that the rights, if any of Defendants’ employees or ex- 21 22 23 employees are neither affected nor extinguished by the Judgment and neither party to this action intends or contemplates that the judgment entered in this action will affect such rights. 24 25 26 U.S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR 1111 Third Ave., Suite 945 Seattle, WA 98101 Telephone: (206) 553-0940 Facsimile: (206) 553-2768 27 28 CONSENT JUDGMENT – PAGE 2 OF 6 SOLIS V. BERRY GOOD FARMS AND LEE NGUYEN 1 2 3 (3) IT IS FURTHER ORDERED that a Court Registry be established in this matter. The funds which are deposited into the Court Registry shall be held in an interest-bearing account and shall be kept in the Court Registry until disbursal is ordered by the Court. 4 5 (4) IT IS FURTHER ORDERED that Defendants deposit into the Court Registry, no 6 later than 10 days from the date of this order, by money order made payable to “Clerk of the Court, 7 U.S. District Court,” the amount of $12,175.00, which is 50% of the Civil Money Penalties assessed 8 by the U.S. Department of Labor. Defendants will have the opportunity to review, contest, and have 9 adjudicated the assessment of Civil Money Penalties pursuant to 29 C.F.R. Part 579. 10 11 (5) IT IS FURTHER ORDERED that each of Defendants’ fore-persons shall attend 12 training at the U.S. Department of Labor, Wage and Hour Division (“Wage and Hour Division”), 13 Portland, Oregon office. “Defendants’ fore-persons” shall be defined as each individual who 14 supervises each of Defendants' employees who participate in any growing, harvest, or other 15 16 production of Defendants’ goods for any part of the period from May 15 to July 15 of each year. The 17 training will be developed and administered by the Wage and Hour Division and will include but is 18 not limited to the following: 19 20 (a) The training shall be given at the beginning of the growing season, or, at the election of the Wage and Hour Division, not later than May 29 of each year; 21 (b) The training will be part of the hours worked of each training attendee; 23 (c) Travel to and from the training shall be part of the hours worked of each 24 training attendee; 25 (d) 22 The training shall be no more than four hours in duration; 26 U.S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR 1111 Third Ave., Suite 945 Seattle, WA 98101 Telephone: (206) 553-0940 Facsimile: (206) 553-2768 27 28 CONSENT JUDGMENT – PAGE 3 OF 6 SOLIS V. BERRY GOOD FARMS AND LEE NGUYEN (e) 2 The content of the training will be laws enforced by the Wage and Hour (f) 1 The training will be held at the Portland, Oregon office of the U.S. Department Division; 3 4 5 6 of Labor, Wage and Hour Division, located at 620 SW Main Street, Room 423, Portland, Oregon 97205; 7 8 (g) The Wage and Hour Division will notify Defendants no less than ten business days prior to the date of the training, when the training will take place; 9 (h) Because only Defendants will know how many individuals meet the definition 10 11 of a training attendee, in the event Defendants anticipate more than fifteen training attendees, 12 Defendants shall notify the Portland, Oregon office of the Wage and Hour Division no later than ten 13 business days prior to the date scheduled for the training, the number of attendees; 14 (i) The Wage and Hour Division will exclusively determine the content of the 17 (j) The training shall take place in the years 2012, 2013 and 2014; 18 (k) The Wage and Hour Division, Portland office, shall notify Defendants of the 15 16 19 training; date of the training no later than May 1 in each year the training takes place; 20 (l) In the event either party seeks either clarification regarding the training or to 21 22 23 change any aspect of the training, that party shall state its request in writing to the other party. (6) IT IS FURTHER ORDERED that, no later than June 1, of each year from 2012 to 24 2017 inclusive, Defendants shall provide the Wage and Hour Division with a self-audit of its 25 compliance with 29 U.S.C. §§206, 211, 212 and 215. The Wage and Hour Division shall provide the 26 U.S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR 1111 Third Ave., Suite 945 Seattle, WA 98101 Telephone: (206) 553-0940 Facsimile: (206) 553-2768 27 28 CONSENT JUDGMENT – PAGE 4 OF 6 SOLIS V. BERRY GOOD FARMS AND LEE NGUYEN 1 format of this self-audit in writing to Defendant no later than January 15, 2012. Defendants shall use 2 this same format in each of the five successive years beginning with 2012. 3 (7) IT IS FURTHER ORDERED that each party shall bear its own fees and other 4 5 expenses incurred by such party in connection with any stage of this proceeding. 6 7 DATED this 12th day of August, 2011. 8 9 11 A 12 RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE 10 13 Presented by: 14 15 16 17 18 19 20 21 22 M. PATRICIA SMITH Solicitor of Labor LAWRENCE BREWSTER Regional Solicitor BRUCE L. BROWN Associate Regional Solicitor JEANNIE GORMAN Senior Trial Attorney EVAN NORDBY Trial Attorney 23 24 25 26 United States Department of Labor Counsel for Plaintiff /s Evan H. Nordby United States Department of Labor U.S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR 1111 Third Ave., Suite 945 Seattle, WA 98101 Telephone: (206) 553-0940 Facsimile: (206) 553-2768 27 28 CONSENT JUDGMENT – PAGE 5 OF 6 SOLIS V. BERRY GOOD FARMS AND LEE NGUYEN 1 Counsel for Plaintiff 2 Dated: ____7/27/2011 3 Entry of this Judgment is hereby consented to: 4 5 6 7 8 '7-7-11 9 10 11 12 13 14 15 16 17 /s Paul Connolly Paul Connolly: Law Office of Paul Connolly Counsel for Defendants _ Dated: 7/26/2011 18 19 20 21 22 23 24 25 26 U.S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR 1111 Third Ave., Suite 945 Seattle, WA 98101 Telephone: (206) 553-0940 Facsimile: (206) 553-2768 27 28 CONSENT JUDGMENT – PAGE 6 OF 6 SOLIS V. BERRY GOOD FARMS AND LEE NGUYEN
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