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Acosta v. NABPCO Auto Parts of Lindstrom

United States District Court, D. Minnesota

September 8, 2017

R. Alexander Acosta, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
NABPCO Auto Parts of Lindstrom, a Minnesota corporation, d/b/a NABPCO Auto Parts, and Brian Dreckman, individually, Defendants.

          ANN HUNTRODS Minnesota License # 132640 Attorney for Defendants Address:

          KEVIN D. WENDER Illinois License # 6317404 Attorneys for R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff

          CONSENT JUDGMENT

          Paul A. Magnuson, United States District Court Judge

         This matter is before the Court on the parties' Motion for Approval of Consent Judgment. (Docket No. 4.)

         Plaintiff R. Alexander Acosta, Secretary of Labor, United States Department of Labor, filed a Complaint asserting that Defendants NABPCO Auto Parts of Lindstrom, d/b/a NABPCO Auto Parts, and Brian Dreckman, individually (“Defendants”), violated the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“the Act”). Defendants acknowledge receipt of the Complaint and waive service. The parties agree to the entry of this Consent Judgment.

         Defendants hereby acknowledge that Defendant NABPCO Auto Parts of Lindstrom, d/b/a NABPCO Auto Parts is an enterprise engaged in commerce or in the production of goods for commerce within the meaning of sections 3(r) and 3(s) of the Act.

         Defendants hereby acknowledge that Brian Dreckman, individually, acted directly or indirectly in the interest of the corporate Defendant NABPCO Auto Parts of Lindstrom, d/b/a NABPCO Auto Parts, and thereby is an “employer” under section 3(d) of the Act. Defendants agree that Brian Dreckman shall be individually responsible for the obligations contained in this Consent Judgment.

         IT IS HEREBY ORDERED that the Motion for Approval of Consent Judgment (Docket No. 4) is GRANTED as follows:

         JUDGMENT IS HEREBY ENTERED against Defendants pursuant to sections 16(c) and 17 of the Act.

         Pursuant to section 17 of the Act, Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them are hereby PERMANENTLY ENJOINED from violating the provisions of the Act in any of the following manners:

         I.

         Defendants shall not, contrary to sections 7 and 15(a)(2) of the Act, employ any of their non-exempt 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 rate at which he is employed. The “regular rate” includes all sums paid for all hours worked and such sums divided by all hours worked equals the “regular rate.”

         II.

         Defendants shall not fail to make, keep and preserve records of their non-exempt employees 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, including, but not limited to, maintaining records of all hours worked by each employee in each workday and 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 thereof. The records maintained by Defendants shall also include, but not be ...


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