United States District Court, W.D. Wisconsin
THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, Plaintiff,
CARL'S LANDSCAPE SERVICE, INC., a corporation, and DARRELL KASNER, an individual, Defendants.
Consented to By Plaintiff: M. PATRICIA SMITH Soiicitor of Labor CHRISTINE Z. HERi Regional Solicitor
Consented to By Defendants: DARRELL KASNER Individually and as Owner of Carl's Landscape Service, Inc. Carl's Landscape Service, Inc.
DAVID J. TANURY Attorney U.S. Department of Labor
JENEFER D. BINDER, ESQ. Attorney for Defendents.
Plaintiff, THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, ("Plaintiff) having filed his Complaint and Defendants CARL'S LANDSCAPE SERVICE, INC. a Wisconsin corporation, and DARRELL KASNER, an individual, (hereinafter collectively "Defendants"), agree to the entry of this Consent Judgment under the Fair Labor Standards Act of 1938, as Amended (29 U.S.C. § 201 et seg.) (hereinafter "the Act" or "FLSA").
The parties have agreed to settle this matter under the terms defined hereunder. By entering into this consent judgment, Defendants admit no wrongdoing and do not waive any objections, privileges or defenses, which they may have with respect to any future investigation, assessment of civil money penalties under the FLSA, or other proceeding between the parties.
Defendants hereby acknowledge that Corporate Defendant CARL'S LANDSCAPE SERVICE, INC., is and at all times hereinafter mentioned, was an enterprise or comprised an enterprise engaged in commerce within the meaning of sections 3(r) and 3(s)(l)(A) of the Act. 29 U.S.G. §§ 203(r), 203(s)(l)(A).
Defendants hereby acknowledge that Individual Defendant D ARRELL KASNER, at all times hereinafter mentioned, acted directly or indirectly in the interest of CARL'S LANDSCAPE SERVICE, INC., in relation to employees within the meaning of section 3(d) of the Act and is responsible for compliance with the Act and for the obligations contained herein. 29 U.S.C. § 203(d).
NOW, therefore, upon motion for the attorneys for Plaintiff and Defendants, and for cause shown, JUDGMENT IS HEREBY ENTERED against Defendants pursuant to section 16(c) and 17 of the Act as follows.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, pursuant to section 17 of the Act, that the Defendants, their officers, agents, servants, employees, and all 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.
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 ...