Hilda L. Solis, U.S. Secretary of Labor, United States Department of Labor v. Global Apparel Inc. dba "G" and "Julia's Closet," and Uno Clothing Inc.
Published: Feb. 4, 2012 | Result Date: Jan. 3, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:2011-cv-10447-DDP (JEMx) Bench Decision – Injunction
Court
USDC Central
Attorneys
Plaintiff
Susan Seletsky
(U.S. Dept. of Labor)
Defendant
Frank N. Lee
(Law Office of Frank N. Lee)
Facts
Plaintiff Hilda Solis brought suit against Global Apparel Inc. for violating the Fair Labor Standards Act. Defendants shipped goods made by employees of Nyna Fashion Inc. and KJ Girl Inc. who were not paid the minimum wage and overtime required under the FLSA.
Result
Defendants are permanently enjoined and restrained from violating provisions of the Fair Labor Standarts Act. They may not transport or offer to transport goods produced by any employee who has been employed in violation of the FLSA's minimum wage or overtime pay provision. Defendant must discuss with its contractors the terms of the FLSA, whether contractor can comply with the FLSA's requirements, the contractor's willingness to comply with the FLSA, the contractor's obligation to inform Defendant immediately when contractor is unable to comply with the FLSA, and Defendant's requirement that the contractor maintain true and accurate records of its employee's pay and hours. Defendant must hire an independent contractor on an annual basis to conduct a pricing analysis to determine whether the fees Defendant pays to its contractors are sufficient in light of the FLSA's wage requirements. Defendant must hire an independent third party to monitor its contractors and enforce compliance with the FLSA. For three years, Defendant must maintain copies of all cutting tickets issued to contractors. Defendant must also maintain records of all shipments made to retailers. Copies of all these records must be supplied to representatives of the Secretary of Labor at their request.
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