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Acosta v. Sunshine City, Inc.

United States District Court, W.D. Missouri, St. Joseph Division

May 3, 2018

R. ALEXANDER ACOSTA, Plaintiff,
v.
SUNSHINE CITY, INC., et al., Defendants.

          ORDER GRANTING PLAINTIFF'S MOTION FOR CONSENT JUDGMENT

          GREG KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT

         Plaintiff R. Alexander Acosta, Secretary of Labor, United States Department of Labor (the “Secretary”), filed suit against Sunshine City, Inc., d/b/a Sakura Sushi and Hibachi, and Zhou Xia Gao (collectively “Defendants”), for violations of the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (“the Act”), 29 U.S.C. § 201, et seq.

         Now before the Court is Plaintiff's Motion for Consent Judgment (Doc. 4). Defendants have consented to the entry of Judgment against them. Accordingly, the motion is GRANTED and the Court rules as follows:

         Defendants, their officers, agents, servants, employees, and those persons in active concert or participation with them who receive actual notice of this judgment shall be, and each of them hereby is, permanently enjoined and restrained from violating the provisions of §§ 15(a)(2), 15(a)(3), and 15(a)(5) of the Act:

         1. Defendants shall not, contrary to sections 6 and 15(a)(2) of the Act, fail to pay to their employees employed in their enterprise engaged in commerce or in the production of goods for commerce, wages at rates not less than $7.25 an 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, employ any of their employees 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, 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. § 516). Defendants shall make such records available at all reasonable times to representatives of the Plaintiff.

         4. Defendants shall not, contrary to the provisions of section 15(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.

         5. Defendants shall immediately begin complying with all provisions of the Act. In order to ensure that Defendants remain in compliance with the Act, Defendants agree to the following:

A. Defendants acknowledge that all tipped employees must be paid at least $2.13 per hour for all hours worked up to 40 hours a week.
B. Defendants acknowledge that all non-tipped hourly employees must be paid at least $7.25 per hour for all hours worked up to 40 hours a week.
C. Defendants acknowledge that all tipped employees must be paid at least one and one half times the applicable minimum wage minus the tip credit taken by the employer per hour for all hours worked over 40 hours a week.
D. Defendants acknowledge that all non-tipped hourly employees must be paid at one and one half times the employee's regular rate of pay for all hours worked over 40 hours a week.
E. Defendants acknowledge that they are responsible for ensuring that every one of their employees accurately records all of the hours he ...

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