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1 -JEM Hilda L. Solis v. JNB Inc et al Doc Lawrence Brewster Regional Solicitor Daniel J. Chasek Associate Regional Solicitor Luis A. Garcia, Trial Attorney (CSBN #1 Office of the Solicitor (SOL# United States Department of Labor 0 So. Figueroa St., Suite 0 Los Angeles, California Telephone: ( -1 Facsimile: ( - garcia.luis.a@dol.gov Attorneys for the Plaintiff Secretary of Labor HILDA L. SOLIS, Secretary of Labor, United States Department of Labor, v. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff, JNB, INC., a California corporation; POP CORN, INC., a California corporation; and KWANG WON KIM a.k.a. DANIEL KIM, Individually, and as the Managing Agent of the Corporate Defendants, Defendants. Case No. CV - VBF (JEMx [Proposed] FIRST AMENDED DEFAULT JUDGMENT BY THE COURT The plaintiff, Hilda L. Solis, Secretary of Labor, United States Department of Labor ( Plaintiff or Secretary, has filed her Complaint for Injunctive Relief and to Recover Amounts Due Under the Fair Labor Standards Act ( Complaint herein; and the defendants JNB, INC., a California corporation ( JNB, POP CORN, INC., a California corporation ( POP CORN, and KWANG WON KIM a.k.a. DANIEL KIM ( KIM, Individually, and as the Managing Agent of the Corporate Defendants (hereafter collectively referred to as the Defendants have been duly served with Summons FIRST AMENDED DEFAULT JUDGMENT BY THE COURT Page 1 of Dockets.Justia.com

2 and a copy of Plaintiff s Complaint; and the default of the Defendants has been entered for failure to serve or file any answer of other pleading; and the Plaintiff has served and filed the Plaintiff s Application for Default Judgment by the Court ( Application, along with a supporting Declaration of the Plaintiff s investigator, Assistant District Director Eric Williams, which verifies the allegations of the plaintiff s Complaint, including the minimum wages and overtime compensation due; now therefore, it is on Application of the Plaintiff and for cause shown: ORDERED that Plaintiff s Application be, and hereby is, granted in full and that judgment by default be entered in favor of the Plaintiff and against the Defendants in accordance with the prayer for relief in Plaintiff s Complaint herein; and it is hereby ORDERED, ADJUDGED, AND DECREED that Defendants, their officers, agents, servants, and employees and those persons in active concert or participation with them 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 1(a(1, 1(a( and 1(a( of the Fair Labor Standards Act of, as amended ( U.S.C. 1, et seq. herein called the FLSA, U.S.C. (a(1, (a(, and (a(, in any of the following manners: 1. Defendants shall not, contrary to FLSA, U.S.C., pay any employee who in any workweek is engaged in commerce or in the production of goods for 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 (s, U.S.C. (s, engaged in commerce or in the production of goods for commerce, within the meaning of the FLSA, employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of FLSA (s, wages at a rate less than $. an hour (or at a rate less than such other applicable minimum rate as may hereafter become effective pursuant to any amendment to the FLSA. FIRST AMENDED DEFAULT JUDGMENT BY THE COURT Page of

3 Defendants shall not, contrary to FLSA, U.S.C., employ any employee who in any workweek is engaged in commerce or the production of goods for commerce, within the meaning of the FLSA, or employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of Section (s of the FLSA, U.S.C. (s, for a workweek longer than 0 hours unless the employee is paid for his or employment in excess of 0 hours in such workweek at a rate not less than one and one half the employee s regular rate at which he or she is employed.. Defendants shall not fail to make, keep, make available to authorized agents of Plaintiff for inspection, transcription, and/or copying, upon their demand for such access, and preserve records of employees and of the wages, hours, and other conditions and practices of employment maintained, as prescribed by regulations issued, and from time to time amended, pursuant to FLSA (c and 1(a(, U.S.C. 1(c and (a( and the implementing regulations found in Title, Code of Federal Regulations, Part.. Defendants shall not fail to preserve for a period of two years and make available (to authorized agents of the plaintiff for inspection, transcription, and/or copying upon their demand for such access order, shipping, and billing records made or retained in the usual course of business operations by defendant(s, as prescribed by regulations issued, and from time to time amended, pursuant to FLSA, U.S.C. 1 and found in Title, Code of Federal Regulations, Part, at.(b.. Defendants shall not, contrary to FLSA 1(a(1, U.S.C. (a(1, transport, offer for transportation, ship, deliver, or sell in commerce (or ship, deliver, or sell with knowledge or reason to believe that shipment, delivery, or sale in commerce is intended goods in the production of which any employee has been employed in violation of FLSA and/or, U.S.C. and/or, and it is further FIRST AMENDED DEFAULT JUDGMENT BY THE COURT Page of

4 ORDERED, ADJUDGED, AND DECREED that Defendants, jointly and severally shall not continue to withhold $,0., the unpaid balance of $,1., in unpaid minimum wage and overtime compensation found due under the FLSA to employees of Defendants for the period of time from January 1, 0 to March,, as set forth in the exhibit that is attached hereto, marked Exhibit 1, and made a part hereof, showing the names of each employee and listing on the same line thereof the period of such employment covered therein for the employee and the gross backwage amount due the employee; and it is further, ORDERED, ADJUDGED, AND DECREED that the Plaintiff shall also have and recover from the Defendants, jointly and severally, the additional amount of $,1. as and for liquidated damages hereby found due under the FLSA; and it is further, ORDERED that Plaintiff shall allocate and distribute the remittances, or the proceeds thereof, as soon as practicable, to the persons named in the attached Exhibit 1, or to their estates if that be necessary, in her sole discretion. The Secretary shall be responsible for deducting from the amounts paid to said persons the employees= share of F.I.C.A. and federal income taxes, and for remitting said deductions to the appropriate federal agencies. Any money not so paid within a period of three ( years from the date of its receipt, because of an inability to locate the proper persons or because of their refusal to accept it, shall be deposited by the Secretary in a special deposit account for payment to the proper persons and upon such inability to pay within three ( years, shall then be deposited in the Treasury of the United States, as miscellaneous receipts, pursuant to U.S.C. (c; and, it is further FIRST AMENDED DEFAULT JUDGMENT BY THE COURT Page of

5 ORDERED that pursuant to the immediately preceding three paragraphs and within twenty ( days of entry of this First Amended Default Judgment by the Court, Defendants shall not fail to deliver a certified or cashier s check or money order, made payable to Wage and Hour, Div. of Labor, in the amount of $,.1, in payment of the aforesaid unpaid minimum wage and overtime compensation and liquidated damages to Plaintiff s authorized representatives at: U.S. Department of Labor Wage and Hour Division West Covina District Office 0 North Barranca Avenue, Suite 0 West Covina, CA 1 ORDERED that the filing, pursuit, and/or resolution of this proceeding with entry of this First Amended Default Judgment by the Court shall not act as or be asserted as a bar to any action under FLSA, U.S.C., as to any employee not named, and it is further ORDERED that this Court shall retain jurisdiction of this action for the purpose of enforcing this First Amended Default Judgment by the Court. SO ORDERED. Dated: -- HON. VALARIE BAKER FAIRBANK U.S. DISTRICT COURT JUDGE FIRST AMENDED DEFAULT JUDGMENT BY THE COURT Page of