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Employment Law
Fair Labor Standards Act
Wage and Hour

Seth D. Harris, Acting Secretary of Labor, United States Department of Labor v. Ocampo Gacilan Home Inc., Country Elegance Inc., Bilby Home Inc., Jaime G. Gacilan

Published: Jan. 3, 2015 | Result Date: Nov. 7, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-01308-MCE-EFB Settlement –  $44,670

Court

USDC Eastern


Attorneys

Plaintiff

Janet M. Herold
(U.S. Dept. of Labor)

Benjamin Botts

Cheryl S. Adams
(Office of the San Francisco City Attorney)


Defendant

Justin P. Rodriguez
(Shimoda & Rodriguez Law PC)

Galen T. Shimoda
(Shimoda & Rodriguez Law PC)


Facts

Acting Secretary of Labor, Seth Harris, of the U.S. Dept. of Labor filed a complaint against Ocampo Gacilan Home Inc., Country Elegance Inc., Bilby Home Inc., and Jaime Gacilan for alleged violations of the Fair Labor Standards Act of 1938.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendants of paying their employees wages below the federal minimum wage, failing to pay them overtime compensation, and failing to maintain records in violation of the FLSA.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations, and asserted various affirmative defenses.

Result

The parties agreed to enter into a consent judgment. As part of the consent judgment, defendants admitted the alleged FLSA violations, and agreed to a permanent injunction enjoining them from further violating the FLSA. Defendants also agreed to pay $44,670 in back wage and liquidated damages and $900 in civil penalties.

Other Information

FILING DATE: June 28, 2013.


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