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Acosta v. Soldiers of Cross

United States District Court, W.D. Arkansas, Fayetteville Division

February 7, 2018

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
SOLDIERS OF THE CROSS, d/b/a SHEPHERD'S CHAPEL CHURCH and DENNIS MURRAY, individually, Defendants.

          CONSENT JUDGMENT

         The Plaintiff has filed his complaint and Defendants, without admitting they have violated any provision of the Occupational Safety and Health Act of 1970, have agreed to the entry of judgment without opposition. The Secretary of Labor brought this action to enjoin Defendants from violating Section 11(c) of the Act and for all other appropriate relief including the payment of lost wages and all other relief found due to employees of Defendants by reason of Defendants' actions in alleged violation of the Act. It is, therefore, upon motion of the Plaintiff and for cause shown, ORDERED, ADJUDGED and DECREED that Defendant Soldiers of the Cross, d/b/a Shepherd's Chapel Church, and its directors, officers, agents, managers, supervisors, servants, employees and all persons in active concert or participation with it, be and they hereby are permanently enjoined and restrained from violating the provision of Section 11(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., hereinafter referred to as the Act.

         ORDERED, ADJUDGED and DECREED that Defendant Dennis Murray and his agents and representatives and all persons in active concert or participation with him, be and they hereby are permanently enjoined and restrained from violating the provision of Section 11(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., hereinafter referred to as the Act.

         IT IS FURTHER ORDERED THAT:

1. Within 10 days after entry of this Consent Judgment, Defendants shall pay the complainant, Kimberly Camahan, the sum of $62, 500.00 ($32, 500.00 in back wages, subject to applicable withholdings, and $30, 000.00 in compensatory damages for emotional distress) by means of two checks made payable to Kimberly Carnahan in settlement of this action. In consideration of Defendants' payment to Kimberly Carnahan, the parties agree that all matters arising out of the claims in the Complaint are compromised and settled.
2. Defendants shall not provide any information to a prospective employer of Kimberly Camahan about Mrs. Camahan other than her dates of employment, job title, and salary.
3. Defendants shall post a Notice to Employees, attached hereto as Exhibit A, at its facility for a period of sixty (60) days. The notice shall be conspicuously posted on a centrally located bulletin or memo so that all employees may read it.
4. Defendants shall comply with the provisions of the Act and they shall not, contrary to Section 11 (c)(1) of the Act, "discharge or in any 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 or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act." 29 U.S.C. § 660(c)(1).

         It is further ORDERED that each party bear its or his own attorneys' fees, costs and other expenses incurred by such party 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.

         EXHIBIT A

         NOTICE TO EMPLOYEES

         1. It is unlawful for an employer to discharge or in any manner discriminate against any employee for the following reasons:

• Because the employee has filed a complaint with OSHA.
• Because the employee has testified or is about to testify in an OSHA proceeding.
• Because of the employee has exercised any right afforded by the Occupational Safety and Health Act either on his own behalf or on behalf of another any person, including making complaints to an ...

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