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Perez v. BM Hotels, Inc.,

United States District Court, D. Nebraska

February 18, 2016

THOMAS E. PEREZ, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Plaintiff,
v.
BM HOTELS, INC., BONEY CORP., NANA CORP., JM HOTELS, INC., VARAHA, INC., VYARA INC., and MUKESH PATEL, an individual, Defendants.

CONSENT JUDGMENT

John M. Gerrard United States District Court Judge

Plaintiff, Thomas E. Perez, Secretary of Labor, United States Department of Labor, having filed his complaint alleging that BM Hotels, Inc., Boney Corp., NANA Corp., JM Hotels, Inc., Varaha, Inc., Vyara, Inc., and Mukesh Patel, an individual (collectively the “Defendants”), violated the Fair Labor Standards Act of 1938 (the “Act”), as amended, 29 U.S.C. § 201 et seq., and Defendants having agreed to the entry of this judgment without contest;

It is, therefore, upon motion of counsel for the Plaintiff, and for good cause shown:

ORDERED, ADJUDGED, AND DECREED that Defendants, their officers, agents, servants, employees, and those persons in active concert or participation with them who receive actual notice of this judgment be, and each of them hereby is, permanently enjoined and restrained from violating the provisions of the Fair Labor Standards Act of 1938, in any of the following manners:

1. Defendants shall not, contrary to sections 6 and 15(a)(2) of the Act (29 U.S.C. § 206(a)(1) and 215(a)(2)), fail to pay to their employees engaged in commerce or in the production of goods for commerce or employed in their enterprise engaged in commerce or in the production of goods for commerce, wages at rates not less than $7.25 per hour, or any rate subsequently made applicable by amendment to the Act.

2. Defendants shall not, contrary to sections 7 and 15(a)(2) of the Act (29 U.S.C. § 207(a)(1) and 215(a)(2)), employ any of their employees in commerce or in the production of goods for commerce or in their enterprise engaged in commerce or in the production of goods for commerce, for workweeks longer than 40 hours without compensating such employee for his or her employment in excess of 40 hours per workweek at a rate not less than one and one-half times the regular rate at which he or she is employed.

3. Defendants shall not, contrary to sections 11(c) and 15(a)(5) of the Act (29 U.S.C. § 211(c) and 215(a)(5)), fail to make, keep and preserve adequate and accurate records of their employees, and of the wages, hours and other conditions and practices of employment maintained by them, as prescribed by the regulations issued, and from time to time amended, pursuant to Section 11(c) of the Act (29 C.F.R. Part 516). Defendants shall make such records available at all reasonable times to representatives of the Plaintiff upon reasonable notice.

4. Defendants shall not, contrary to section 15(a)(3) of the Act (29 U.S.C. § 215(a)(3)), discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED THAT:

5. Plaintiff shall recover from Defendants the sum of $400, 000.00 in unpaid minimum wages, overtime compensation, and liquidated damages for work performed by the employees named in the Appendix, attached hereto, during the period from February 1, 2012, to January 31, 2014.

6. Within thirty days (30) days of the date of this judgment, Defendants shall deliver to the United States Department of Labor, Wage and Hour Division, P.O. Box 2638, Chicago, Illinois 60690-2638, a certified or cashier’s check made payable to “Wage and Hour - Labor” in the amount of $283, 519.98. Defendants shall furnish with the check their federal tax identification numbers and the social security number and last known address for each employee identified in the Appendix attached hereto. Ninety days (90) thereafter, Defendants shall deliver to the United States Department of Labor, Wage and Hour Division, P.O. Box 2638, Chicago, Illinois 60690-2638, a certified or cashier’s check made payable to “Wage and Hour - Labor” in the amount of $116, 480.02.

7. Upon receipt of full payment from Defendants, Plaintiff’s counsel shall file with the Court a certificate of payment and representatives of Plaintiff shall distribute such amounts less appropriate deductions for federal income withholding taxes and the employee’s share of the Social Security (F.I.C.A.) tax to the employees or their representative as their interests may appear, in accordance with the provisions of section 16(c) of the Act. Defendants remain responsible for the employers’ share of F.I.C.A. arising from or related to the back wages distributed by Plaintiff.

8. Any funds not distributed within a period of three years from the date of this Judgment because of inability to locate the proper persons or because of such person’s refusal to accept the sums sought to be distributed shall be deposited into the Treasury of the United States.

9. Failure by Defendants to make complete payment as required by the terms of this judgment shall cause any remaining balance to become immediately due and payable by Defendants. Any unpaid balance is a debt owing to the United States and is subject to the Debt Collection Act of 1982 (Public Law 97-365) ...


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