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Pizzella v. Fox Harbor, Inc.

United States District Court, E.D. Wisconsin

August 20, 2019

PATRICK PIZZELLA, Acting Secretary of Labor, United States Department of Labor, Plaintiff,
v.
FOX HARBOR, INC., a Wisconsin corporation, and JESSE WOTRUBA, individually, Defendants.

         Equitable and legal relief sought

          KATE S. O'SCANNLAIN Solicitor of Labor CHRISTINE Z. HERI Regional Solicitor MARGARET A. SEWELL Attorneys for PATRICK PIZZELLA Acting Secretary of Labor, United States Department of Labor United States Department of Labor Office of the Solicitor

          GEOFFREY A. LACY Attorney for Defendants Strang, Patteson, Renning, Lewis & Lacy, SC

          CONSENT JUDGMENT

          WILLIAM C. GRIESBACH, CHIEF JUDGE U.S. DISTRICT COURT

         Plaintiff, PATRICK PIZZELLA, Acting Secretary of Labor, United States Department of Labor (“PLAINTIFF”), having filed his Complaint and Defendants, FOX HARBOR, INC. (“FOX HARBOR”), a Wisconsin corporation and JESSE WOTRUBA, individually (collectively referred to as “DEFENDANTS”), having acknowledged receipt of the Complaint and waiving service thereof, and having been duly advised in the premises, agree to the entry of this judgment without contest under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq., (hereinafter the “Act” or “FLSA”).

         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), 16(e) and 17 of the Act. 29 U.S.C. §§ 216(c), 216(e) and 217.

         DEFENDANTS admit that Defendant, FOX HARBOR, is an enterprise engaged in commerce within the meaning of sections 3(r) and 3(s)(1)(A) of the Act. The court finds, based on this admission, that FOX HARBOR is responsible for the provisions set forth in this Consent Judgment.

         DEFENDANTS admit that Defendant JESSE WOTRUBA, individually, acted directly or indirectly in the interest of the corporate Defendant FOX HARBOR and thereby is considered to be an “employer” under section 3(d) of the Act. The court finds, based on this admission, that JESSE WOTRUBA is an employer and individually responsible for the provisions set forth in this Consent Judgment.

         I 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:

         A. DEFENDANTS shall not, contrary to sections 7 and 15(a)(2) of the Act, employ any employees who in any workweek are engaged in commerce or 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 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, or such employee is exempt from the overtime provisions of the Act.

         B. 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 employee on each workday and in each workweek, and records of compensation paid to each employee in each workweek, including records of deductions.

         II

         As an additional compliance measure, Defendants agree to train all managers and wait staff that any sharing of tips with kitchen staff by servers is voluntary and not a requirement of Defendants. Defendants agree to conduct this training session by May 1, 2019. A written certification acknowledging such training has been conducted will be submitted by Defendants to the U.S. Department of Labor, Wage and Hour ...


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