CONSENT JUDGMENT

KRISTINE G. BAKER, District Judge.

Plaintiff has filed her complaint and Defendant without admitting it has violated any provision of the Fair Labor Standards Act of 1938 has agreed to the entry of judgment without contest. It is, therefore, upon motion of the Plaintiff and for cause shown,

ORDERED Defendant, its officers, agents, servants, employees and all persons in active concert or participation with it be permanently enjoined from violating the provisions of sections 7, 11(c), 15(a)(2), and 15(a)(5) of the Fair Labor Standards Act of 1938 (FLSA), as amended, 29 U.S.C. §201, et seq., hereinafter referred to as the Act, in any of the following manners:

1. Defendant shall not, contrary to sections 7 and 15(a)(2) of the Act, 29 U.S.C. §§207 and 215(a)(2) employ any employee 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, within the meaning of the Act, for workweeks longer than forty (40) hours, unless: (1) the employee receives compensation for his or her employment in excess of forty (40) hours at a rate not less than one and one-half times the regular rate at which he or she is employed or (2) the employee is exempt pursuant to Section 13 of the Act.

2. For any employee eligible for coverage under Section 7(k) of the FLSA, Defendant will not be in violation of Paragraph 1 of this Consent Judgment if Defendant complies with Section 7(k) of the Act and its implementing regulations.

3. Defendant shall not, contrary to Sections 11(c) and 15(a)(5) of the Act, 29 U.S.C. §§211(c) and 215(a)(5), fail to make, keep and preserve accurate records of the persons employed by it, and the wages paid, hours worked and other conditions and practices of employment prescribed by regulations issued by the Administrator of the Wage and Hour Division, United States Department of Labor (29 C.F.R. Part 516).

4. Defendant has paid to Plaintiff overtime compensation in the total amount of $75,651.39, which the parties agree, and the court finds, is due under the Act to Defendant's employees named in the attached Exhibit A for the period June 6, 2009-August 10, 2012. Plaintiff shall make appropriate distribution of the unpaid compensation to the employees, or their estate if necessary, less income tax and social security deductions. In the event that any of the money cannot be distributed within three (3) years hereof because of inability to locate the proper person, or because of their refusal to accept, the money shall be deposited with the U.S. Treasury.

5. Defendant has also paid to plaintiff liquidated damages in the total amount of $75,434.67, which the parties agree, and the court finds, is due under the Act to Defendant's employees named in the attached Exhibit A for the period since June 6, 2009 - August 10, 2012. Plaintiff shall make appropriate distribution of the liquidated damages to the employees, or their estate if necessary. In the event that any of the money cannot be distributed within three (3) years hereof because of inability to locate the proper person, or because of their refusal to accept, the money shall be deposited with the U.S. Treasury.

6. The right of Defendant's employees not specifically named in Exhibit A to bring an action under Section 16(b) of the Fair Labor Standards Act 29 U.S.C. §216(b), shall be restored and neither the filing of this action nor the entry of this judgment shall bar an action and the statute of limitations in such action shall be deemed tolled from June 6, 2009 to August 10, 2012.

7. The parties agree the filing of this action and provisions of this judgment shall not be interpreted to prejudice or preclude the rights of the Secretary of Labor, or any employees of Defendant, in any action filed by the Secretary of Labor, or by an employee, under the Act covering violations alleged to have occurred after August 10, 2012.

8. Defendant agrees to a Compliance Assistance and Training Program to be provided by the Wage and Hour Division. Under this program, Wage and Hour will provide training to designated Wynne Police Department employee trainers on the application of the FLSA to the Wynne Police Department employees. This training will be provided on or before January 31, 2013, at dates mutually convenient to both parties. Training materials for these training sessions will be provided by the Wage and Hour Division.

9. Defendant agrees to have its trainers replicate the training provided by the Wage and Hour Division to all managers, supervisors, and uniformed officers on or before February 28, 2013. Defendant agrees to duplicate and distribute all training materials provided by the Wage and Hour Division to all managers, supervisors, and uniformed officers at each of these training sessions held by its trainers.

10. Defendant agrees to provide a replication of the training provided by the Wage and Hour Division to all new hires in the positions of managers, supervisors, and uniformed officers within sixty (60) days of the date of hire. Defendant agrees to provide a duplicate of the training materials to all new hires in the positions of managers, supervisors, and uniformed officers within sixty (60) days of the date of hire.

11. Each party agrees to bear his or her own attorneys' fees, costs and other expenses in connection with any stage of this proceeding, including, but not limited to, attorneys' fees which may be available under the Equal Access to Justice Act, as amended.

EXHIBIT A TO CONSENT JUDGMENT (Docket No. 6)

Adams, Kevin

Aldridge, Gloria

Allen, Martin

Baskins, Kimberly

Bond, Jeremy

Courtney, Russell

Dennis, Richard

Gentry, John

Hill, Jonathan

Hinton, Michael

Martin, Tommy

Mason, Wesley

Mitchell, Jason

Mitleff, Quinton

Morris, Granvil

Murphy, Dennis

Pickett, Kenneth

Sims, Mario

Smith, Howard

Stewart, Jeff

Swink, James

Walls, Jamie

Washington, Carl

Yarbrough, Christopher