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Acosta v. Hurricane Alley, LLC

United States District Court, E.D. North Carolina

March 8, 2019

R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
HURRICANE ALLEY, LLC; DIVER DOWN, LLC; and DAVID COLE, an Individual, Defendants.

          Defendants consent to entry of the foregoing Judgment: HURRICANE ALLEY, LLC JOSHUA M. KRASNER Attorney

          DIVER DOWN, LLC JOSHUA M. KRASNER Attorney

          DAVID COLE JOSHUA M. KRASNER Attorney

          Plaintiff moves for entry of the foregoing Judgment: KATES. O'SCANNLAIN Solicitor of Labor STANLEY E. KEEN Regional Solicitor ROBERTL. WALTER Counsel

          KRISTIN R. MURPHY

          CONSENT JUDGMENT

          JAMES C.DEVER III UNITED STATES DISTRICT JUDGE

         This Consent Judgment resolves a civil action filed in this Court by R. Alexander Acosta, Secretary of Labor, U.S. Department of Labor (hereinafter "the Secretary") to enforce the provisions of Sections 6 and 7 of the Fair Labor Standards Act of 1938, as amended (hereinafter "the FLSA" or "the Act"), 29 U.S.C. §§ 206 and 207, against Hurricane Alley, LLC, Diver Down, LLC, and David Cole. It is, therefore, ORDERED, ADJUDGED and DECREED that Defendants Hurricane Alley, LLC, Diver Down, LLC, and David Cole (hereinafter "Defendants"), their agents, servants, employees, and all persons in active concert or participation with them who receive actual notice hereof, are permanently enjoined from violating the provisions of the FLSA in any of the following manners:

         1. They shall not, contrary to §§ 6 and 15(a)(2) of the Act, 29 U.S.C. §§ 206 and 215(a)(2), pay any employee who is engaged in commerce or in the production of goods for commerce, or who is employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of the Act, wages at a rate less than the applicable minimum hourly rate prescribed by said § 6 as now in effect or which hereafter may be made applicable by amendment thereto.

         2. They shall not, contrary to §§ 7 and 15(a)(2) of the FLSA, 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 more than 40 hours in a workweek unless such employee is compensated for such hours in excess of 40 at an overtime rate of at least one and one-half times the regular rate at which such employee is employed, unless such employee qualifies for an exemption from overtime pursuant the applicable provision of the statute.

         IT IS FURTHER ORDERED, ADJUDGED and DECREED that:

         3. Plaintiff shall recover from Defendants back wages in the total amount of $40, 000 in back wages, plus $555.02 in interest, due employees for the periods of employment and in the amounts indicated with respect to each, as set forth on Schedule "A" attached hereto. The private rights, under the Act, of any employee of Defendants not named or for periods not stated in said Schedule "A" shall not be terminated or otherwise adversely affected by this proceeding. To comply with this provision of this Order, Defendants shall deliver to the Plaintiff separate cashier's or certified checks, or money orders payable to "Wage and Hour Division-Labor" according to the payment schedule listed on Schedule "B". Payments shall be made to:

Wage and Hour Division-Labor
U.S. Department of ...

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