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Scalia v. Messak, Inc.

United States District Court, D. Massachusetts

December 4, 2019

EUGENE SCALIA, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
MESSAK, INC. d/b/a PETE'S A PLACE, MEDHAT MESSAK, and SAMEH MESSAK, Defendants.

          For Defendants: Messak, Inc. d/b/a Pete's A Place, Medhat Messak, Sameh Messak

          For Plaintiff: Kate S. O'Scannlain Solicitor of Labor, Maia S. Fisher Regional Solicitor, Mark A. Pedulla, Counsel for Wage & Hour U.S. Department of Labor Attorneys

          CONSENT JUDGMENT AND ORDER

         Plaintiff Eugene Scalia, Secretary of Labor, United States Department of Labor (the "Secretary"), has filed a Complaint in this case under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. (the "Act"), and Defendants Messak, Inc. d/b/a Pete's A Place, Medhat Messak, and Sameh Messak have received a copy of that Complaint and waived service of process. Defendants also acknowledge the assessment by the Secretary of civil money penalties and have received notice and service of the issuance the civil money penalties, and waive exception to those civil money penalties, and have agreed to pay civil money penalties in the amount of $5, 808.00, plus interest, all under Section 16(e) of the Act, 29 U.S.C. § 216(e), and 29 C.F.R. §§ 578.1-578.4 and 580.1-580.18. The Court finds that it has jurisdiction to enter this Consent Judgment and Order (the "Consent Judgment"), and Plaintiff and Defendants agree to its terms.

         It is, therefore, ORDERED, ADJUDGED, and DECREED that Defendants, their agents, servants, employees, and all persons acting or claiming to act on their behalf and interest be, and hereby are, permanently enjoined and restrained from violating the provisions of the Act in any of the following manners:

         1. 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 employees who in any workweek are engaged in commerce or in the production of goods for commerce, or who are employed 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 hours, unless such employees receive compensation for their employment in excess of forty hours at a rate not less than one and one-half times the employees' regular rates of pay.

         2. Defendants shall not fail to make, keep, and preserve records of 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 U.S.C. § 211(c), and found in Title 29, Part 516 of the Code of Federal Regulations.

         3. Defendants shall not, contrary to Section 15(a)(3) of the Act, 29 U.S.C. § 215(a)(3), discharge or in any other manner discriminate against any employee or former employee because such employee or former employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, has testified or is about to testify in any such proceeding, or has otherwise engaged in protected activity under the Act, including by seeking to influence the testimony of any employee or former employee to representatives of the Secretary, or by otherwise threatening or coercing any employee or former employee.

         Further, the Court, finding that the employees are due compensation in the amount of $38, 594.22 (inclusive of gross overtime back wages and liquidated damages), as shown on attached Exhibit Al, which is incorporated in and made a part hereof, it is ORDERED, ADJUDGED, and DECREED that Defendants are restrained from withholding payment of said overtime compensation, and are ordered, jointly and severally, to pay said liquidated damages, in accordance with the terms set forth herein, on or before November 26, 2019. Defendants represent that, to the best of their knowledge and following diligent review and inquiry, they have been in compliance with the Act since May 7, 2019. In agreeing to resolve the amount of back wages and liquidated damages in this case, Plaintiff has relied on this representation and, accordingly, the back wage and liquidated damages provisions of this Consent Judgment shall have no effect upon any back wages and liquidated damages which may have accrued since that date.

         The back wage and liquidated damages provisions of this Consent Judgment shall be deemed satisfied when Defendants deliver to Plaintiff, on or before November 26, 2019, a payment totaling $19, 297.11 in gross back wages, from which deductions for Defendants' employees' share of social security and federal withholding taxes will be made by the United States Department of Labor, with no deduction for the employees' state withholding tax, and a separate payment totaling $19, 297.11 in liquidated damages, none of which is subject to deductions. Defendants, jointly and severally, shall further pay the employers' share of FICA to the appropriate authorities for the back wages paid pursuant to this Consent Judgment after presentation of the United States Department of Labor's quarterly summary of employee payments made.

         To comply with the payment provisions set forth above related to back wages and liquidated damages, Defendants may pay online by ACH transfer, credit card, debit card, or digital wallet by going to https://pay.gov/public/form/start/77689032 or by going to http://www.pay.gov and searching for WHDBWNE. Defendants also have the option to provide to the Secretary certified checks, bank checks, or money orders made payable to "Wage and Hour Division-Labor," and those checks or money orders shall be mailed to:

U.S. Department of Labor
Wage and Hour Division
Northeast Region
The Curtis Center, Suite 850 ...

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