Brock v. Forbes

D. Vermont

Brock v. Forbes

612 F. Supp. 1556, 1985 U.S. Dist. LEXIS 18043

CourtDistrict Court, D. Vermont

DecidedJuly 11, 1985

DocketCiv. A. No. 84-238

StatusPublished

This text of 612 F. Supp. 1556 (Brock v. Forbes) is published on Counsel Stack Legal Research, covering District Court, D. Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brock v. Forbes, 612 F. Supp. 1556, 1985 U.S. Dist. LEXIS 18043 (D. Vt. 1985).

Pincite

Opinion

[1557]*1557JUDGMENT

BILLINGS, District Judge.

Plaintiff has filed his complaint and the defendant appeared by counsel, filed answer to the complaint and, without admitting liability, agrees to the entry of this judgment without contest.

It is, therefore,

ORDERED, ADJUDGED and DECREED that defendant, her agents, servants, employees, and all persons acting or claiming to act in their behalf and interest be, and they hereby are, permanently enjoined and restrained from violating the provisions of the Fair Labor Standards Act, as amended (29 U.S.C. § 201 et seq.), hereinafter referred to as the Act, in any of the following manners;

The defendant shall not, contrary to sections 6 and 15(a)(2) of the Act pay any employees who, in any workweek, are employed 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, as defined by the Act, wages at rates less than the applicable minimum wage.

Defendant shall not fail to make, keep, and preserve records of 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 in 29 CFR 516.

Further, the Court finding as agreed to by the defendant, but without admitting liability therefor, that employees are due compensation in the amount of $60,000 as shown on attached Exhibit “A” which is incorporated in and made a part hereof, it is

ORDERED, ADJUDGED and DECREED that the defendant is restrained from withholding payment of said compensation.

The defendant represents that she has been in compliance with the Act since October, 1983. In resolving the amount of back wages in this judgment, the plaintiff has relied on this representation and, accordingly, the back wage provision of this judgment shall have no effect upon any back wages which may have accrued since that date.

Defendant shall not, under any circumstances, accept and keep any amount returned to her by a person owed compensation under this judgment. Any such amount shall be immediately paid to the plaintiff for deposit with the Treasurer of the United States.

The back-wage provisions of this judgment shall be deemed satisfied when the defendant delivers to the plaintiff the sum of $64,230 which includes the employer’s and employees’ shares of social security, pursuant to the following installment plan: $4,587.86 not later than June 1, 1986, and installments in the amount of $4,587.86 every six months thereafter until the back-wage provisions of this judgment are satisfied.

The plaintiff shall distribute the checks, or the proceeds thereof, to the persons listed in Exhibit “A” attached hereto, or to their estates if that be necessary, and any money not so paid within a period of three years from the date of receipt thereof, because of inability to locate the proper persons or because of their refusal to accept it, shall be deposited with the Clerk of this Court, who shall forthwith deposit such money with the Treasurer of the United States, pursuant to 28 U.S.C. § 2041.

It is further ORDERED, ADJUDGED and DECREED and each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.

EXHIBIT A

Velma Adams $ 313.54

Madeline Adzima 635.67

Margaret Aher 42.95

Alice Allen 21.48

Frances Anderson 21.48

Marilyn Anderson 678.62

Brenda Ash 120.26

Marilyn Baldwin 25.77

Janet Barker 21.48

[1558]*1558Barbara Barbour $ 485.34

Pat Barbour 317.84

Marilyn Barron 283.47

Linda Beaudry 43.81

Rita Belden 206.16

Laurie Bessette 127.78

Patty Berezny 34.36

Caroline Biraudi 21.48

Delores Bishop 436.38

Vicki Bishop 148.18

Martha Blumfield 38.66

Florence Booth 608.18

Kathleen Borneman 25.77

Pat Borneman 1,064.53

Marie S. Boyle 283.47

Beatrice Bowen 427.36

Caroline Bowen 1,364.97

Jeanette Bowen 127.56

Cynthia Brock 21.48

Ethel Brown 34.36

Pat Brown 373.67

Stephanie Brown 285.62

Rosemary Bruce 76.88

Doris Buckman 38.66

Midge Bueddeman 667.45

Shannon Buehler 5.48

Sandra Bugbee 252.26

Evette Buinicky 42.95

Alice Bull 21.48

Norma Burke 128.85

Joy Burrows 63.57

Eunice Cahill 552.78

Debbie Cammarata 44.84

Doris Carpenter 268.01

Marjorie Carpenter 322.13

Vera Carpenter 172.80

Florence Carver 22.12

Patricia Casey 112.67

Amanda Chase 21.48

Jean Chase 83.75

Alice Cheney 17.18

Loreen Clark 21.48

Anne Cole 52.54

Elaine Cole 35.60

Shirley Collins 244.82

Katherine Combs 17.18

Gayle Cook 12.88

Ermilia Copley 317.84

Dawn Cornell 47.25

Maude Corse 21.48

Pat Cote 21.48

Shirley Cottrell 25.77

Bernadette Cowdrey 1,779.02

Sylvia Crandall 25.77

Shirley Curtis 21.48

Mabel Davis 146.03

Free access — add to your briefcase to read the full text and ask questions with AI