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Hugler v. Repossession Management Services, LLC

United States District Court, W.D. Michigan, Southern Division

April 13, 2017

EDWARD C. HUGLER, [1] Acting Secretary of Labor, United States Department of Labor, Plaintiff,
v.
REPOSSESSION MANAGEMENT SERVICES, LLC, d/b/a RMS LLC, and MICHAEL A. MYERS, an individual, Defendants.

          ANDREW B. BIRGE, Acting United States Attorney

          RYAN D. COBB Assistant United States Attorney Office of the United States Attorney Western District of Michigan

          FOR THE DEFENDANTS: MICHAEL A. MYERS Owner FOR REPOSSESSION MANAGEMENT SERVICES, LLC, d/b/a RMS, LLC Andrew Rodenhouse

          ANDREW RODENHOUSE, Attorney Rodenhouse Kuipers PC

          CONSENT JUDGMENT

          PAUL L. MALONEY, UNITED STATES DISTRICT COURT JUDGE

         Plaintiff, EDWARD C. HUGLER, Acting Secretary of Labor, United States Department of Labor (“Plaintiff”), having filed his Complaint and Defendants REPOSSESSION MANAGEMENT SERVICES, LLC d/b/a RMS LLC, a limited liability company, and MICHAEL A. MYERS, an individual, (collectively, “Defendants”), having appeared by counsel, having answered, and having been duly advised in the premises, agree to the entry of this Consent Judgment without contest. Now, therefore, upon motion for the attorneys for Plaintiff and Defendants, and for cause shown:

         JUDGMENT IS HEREBY ENTERED against Defendants pursuant to sections 16(c), and 17 of the Fair Labor Standards Act of 1938, as Amended, 29 U.S.C. § 201 et. seq. (the “Act”) as follows.

         IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, pursuant to section 17 of the Act, that Defendants, their officers, agents, servants, employees and all other persons in active concert or participation with them are hereby permanently enjoined and restrained from violating the provisions of the Act in any of the following manners:

         I

         Defendants shall not, contrary to sections 6 and 15(a)(2) of the Act, pay any of their 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, wages at a rate less than $7.25 per hour (or at a rate less than such other applicable minimum rate as may hereinafter be established by amendment to the Act).

         II

         Defendants shall not, contrary to sections 7 and 15(a)(2) of the Act, employ any employee who in any workweek is engaged in commerce or 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, for workweeks longer than 40 hours, unless such employee receives compensation for his employment in excess of 40 hours at a rate not less than one and one-half times the regular rates at which he is employed.

         If Defendants intend to claim an exemption to the overtime requirements of the Act, prior to claiming such exemption, Defendants shall notify each affected employee in writing. This written document shall contain the exemption Defendants intend to claim, the basis for claiming it, and the corresponding Wage and Hour fact sheet.

         III

         Defendants shall not fail to make, keep, and preserve 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 and found at 29 C.F.R. Part 516. This includes, but is not limited to, maintaining records of all hours worked by each non-exempt employee on each workday and in each workweek, and records of compensation paid to each employee in each workweek, whether payment is made by a payroll check, personal check, cash, or a combination therof. The records maintained by Defendants shall also include, but not be limited to, the full name and last-known mailing address of all employees, the daily starting and stop time of each non-exempt employee, and the specific method of payment made to each employee.

         Defendants shall provide all non-exempt employees with a complete wage statement each pay period that shows straight time hours, overtime hours, rate of pay, the basis on which commissions or piece rate pay is determined, deductions, and net pay.

         IV

         A. Defendants shall obtain written assurance from all hiring personnel and management officials that no one under the age of 18 will be permitted to work in any occupation prohibited ...


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