United States District Court, E.D. Arkansas, Jonesboro Division
R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor PLAINTIFF
BAILEY PICKER REPAIR and BURLEY GLENN BAILEY, individually and jointly DEFENDANTS
Plaintiff: KARLA JACKSON EDWARDS Counsel for Plaintiff.
Defendants: BURLEY GLENN BAILEY, Individually and on Behalf
of Bailey Picker Repair.
WOODRUFF Counsel for Defendants.
Kristine G. Baker United States District Judge.
the Court is plaintiff R. Alexander Acosta, Secretary of
Labor, United States Department of Labor's motion to
enter the consent judgment (Dkt. No. 7). For good cause
shown, Secretary Acosta's motion is granted
Acosta (“Plaintiff”) has filed his complaint and
Bailey Picker Repair and Burley Glen Bailey
(“Defendants”), without admitting or denying that
they have violated any provision of the Fair Labor Standards
Act of 1938 or admitting to or denying any of the allegations
in the complaint, as amended, have agreed to the entry of
judgment without contest. It is, therefore, upon motion of
the Plaintiff and for cause shown, ordered that Bailey Picker
Repair and Burley Glen Bailey, their officers, agents,
servants, employees and all persons in active concert or
participation with them be permanently enjoined from
violating the provisions of Sections 7 and 11(c), 15(a)(2),
and 15(a)(5) of the Fair Labor Standards Act of 1938, as
amended, 29 U.S.C. §§ 201, et seq.
(“the Act”), in any of the following manners:
Defendants shall not, contrary to Sections 7 and 15(a)(2) of
the Act, 29 U.S.C. §§ 207 and 215(a)(2), employ any
employee in commerce or in the production of goods for
commerce, or in an enterprise engaged in commerce or in the
production of goods for commerce, within the meaning of the
Act, for workweeks longer than forty (40) hours, unless the
employee receives compensation for his or her employment in
excess of forty (40) hours at a rate not less than one and
one-half times the regular rate at which he or she is
Defendants shall not, contrary to Sections 11(c) and 15(a)(5)
of the Act, 29 U.S.C. §§ 211(c) and 215(a)(5), fail
to make, keep, and preserve accurate records of the persons
employed by them, and the wages paid, hours worked, and other
conditions and practices of employment prescribed by
regulations issued by the Administrator of the Wage and Hour
Division, United States Department of Labor (29 C.F.R. Part
Defendants are enjoined from withholding overtime
compensation and liquidated damages in the amount of $40,
000.00, which is due to Defendants' employees named in
“Exhibit A” for the period February 11, 2014,
through February 10, 2016. Defendants shall comply with this
provision on or before September 15, 2017, by delivering to
the Plaintiff one (1) cashier's or certified check or
money order payable to “Wage and Hour Division, U.S.
Department of Labor” mailed to U.S. DOL Wage Hour
Division, Southwest Regional Office, Attn: Teronika Gaines,
525 Griffin, Suite 800, Dallas, Texas 75202.
Plaintiff shall make appropriate distribution to the
employees, or their estate if necessary, less income tax and
social security deductions. In the event that any of the
money cannot be distributed and paid by Plaintiff within
three (3) years because of inability to locate the proper
persons or because of their refusal to accept, the money
shall be deposited with the Treasurer of the United States.
In the event of default by the Defendants, the total balance
shall then become due and interest shall be assessed against
the unpaid balance at the rate provided by 28 U.S.C. §
1961 from the date of this judgment until the total amount is
paid in full. Any defaulted balance shall be subject to the
assessment of collection fees, court costs, and
right of Defendants' employees not specifically named in
Exhibit A to bring an action under Section 16(b) of the Fair
Labor Standards Act, 29 U.S.C. § 216(b), shall be
restored, and neither the filing of this action nor the entry
of this judgment shall bar an action, and the statute of
limitations in such action shall be governed by 29 U.S.C.
§255(a). The parties agree the filing of this action and
provisions of this judgment shall not be interpreted to
prejudice or preclude the rights of the Secretary of Labor,
or any employees of Defendants, in any action filed by the
Secretary of Labor, or by an employee, under the Act covering
violations alleged to have occurred after February 11, 2014.
party agrees to bear his or her own attorneys' fees,
costs, and other expenses in connection with any stage of
this proceeding, including, but not limited to,
attorneys' fees which may be available under the Equal
Access to Justice Act, as amended.