Hilda L. Solis, U.S. Secretary of Labor v. Padilla Construction Inc., Padilla Construction of Nevada Inc., Ralph Padilla, Joe Lopez
Published: Oct. 31, 2009 | Result Date: Jun. 5, 2009 | Filing Date: Jan. 1, 1900 |Case number: 8:06-cv-01152-CJC-PJW Settlement – $825,000
Court
USDC Central
Attorneys
Plaintiff
Susan Seletsky
(U.S. Dept. of Labor)
Defendant
James P. Carter
(Jackson Lewis PC)
Facts
Many hundreds of employees worked for defendant Padilla Construction Inc. between 2003 and 2009. Plaintiff Hilda Solis, the U.S. Secretary of Labor, filed a complaint against defendant and its principals, Ralph Padilla and Joe Lopez, alleging violation of the Fair Labor Standard Act.
Contentions
PLAINTIFF'S CONTENTIONS:
The Department of Labor claimed employees worked an average of 48 to 50 hours per week, yet defendants failed to pay employees overtime wages.
DEFENDANTS' CONTENTIONS:
The defendants denied the allegations.
Damages
The department sought millions in payment of unpaid overtime wages and civil penalties, according to defense counsel.
Result
The parties entered into a consent judgment where the defendants were to pay $800,000 in back wages and $25,000 in civil penalties.
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