Thomas E. Perez, Secretary of Labor, United States Department of Labor v. Oxnard Manor LP, dba Oxnard Manor Healthcare Center, Steven Rieder
Published: Jun. 13, 2015 | Result Date: Nov. 14, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-01490-SJO-FFM Settlement – $45,000
Court
USDC Central
Attorneys
Plaintiff
Nancy E. Steffan
(U.S. Dept. of Labor)
Defendant
Stephanie B. Kantor
(Ballard, Rosenberg, Golper & Savitt LLP)
John B. Golper
(ADR Services)
Facts
The Dept. of Labor and Labor Secretary Thomas E. Perez sued Oxnard Manor LP dba Oxnard Manor Healthcare Center, and Steven Rieder, regarding the payment of overtime wages.
Oxnard Manor LP was engaged in the nursing home business. Rieder was an officer, director or administrator at Oxford Manor.
Contentions
PLAINTIFF'S CONTENTIONS:
The Secretary of Labor contended that Oxnard misclassified certain of its employees as exempt under the Fair Labor Standards Act, failed to pay them overtime wages, and threatened and retaliated against them, including termination for participation in a DOL investigation. He sued Oxford Manor and Steven Rieder alleging multiple violations under the FLSA.
The Dept. of Labor alleged that 24 employees were owed $99,969.87 in unpaid wages and an equal amount in liquidated damages. It also alleged that defendants owed a terminated employee back pay and liquidated damages totaling approximately $45,000.
DEFENDANTS' CONTENTIONS:
Defendants denied wrongdoing and asserted employees were not misclassified but if any were, it was not done intentionally. It also alleged any off-the-clock time was either without employer knowledge or de minimus. It further denied any retaliatory discharge or any other retaliation against employees.
Result
The parties entered into a consent judgment. Defendants were enjoined from violating FLSA and ordered to pay $31,449.28 in overtime pay and $13,550.72 in liquidated damages, for a total amount of $45,000 over a four-month period.
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