Filed: Jun. 04, 2018
Latest Update: Jun. 04, 2018
Summary: [PROPOSED] PRELIMINARY INJUNCTION OTIS D. WRIGHT , District Judge . This matter came before the Court on the application of the United States Secretary of Labor for a temporary restraining order under Federal Rule of Civil U.S.C. 217, and an order for Defendants Ginger Green, Inc. ("Ginger G"), Aqua Fashion, Inc. ("Aqua"), JE Fashion, Inc. ("JE") Chang Lee, Hye Kyung Lee, Hae Lee, Gilsu Park, and Kyu Young Yoo to show cause why a preliminary injunction should not issue enjoining them f
Summary: [PROPOSED] PRELIMINARY INJUNCTION OTIS D. WRIGHT , District Judge . This matter came before the Court on the application of the United States Secretary of Labor for a temporary restraining order under Federal Rule of Civil U.S.C. 217, and an order for Defendants Ginger Green, Inc. ("Ginger G"), Aqua Fashion, Inc. ("Aqua"), JE Fashion, Inc. ("JE") Chang Lee, Hye Kyung Lee, Hae Lee, Gilsu Park, and Kyu Young Yoo to show cause why a preliminary injunction should not issue enjoining them fr..
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[PROPOSED] PRELIMINARY INJUNCTION
OTIS D. WRIGHT, District Judge.
This matter came before the Court on the application of the United States Secretary of Labor for a temporary restraining order under Federal Rule of Civil U.S.C. § 217, and an order for Defendants Ginger Green, Inc. ("Ginger G"), Aqua Fashion, Inc. ("Aqua"), JE Fashion, Inc. ("JE") Chang Lee, Hye Kyung Lee, Hae Lee, Gilsu Park, and Kyu Young Yoo to show cause why a preliminary injunction should not issue enjoining them from violating the hot goods and investigative provisions of the FLSA, 29 U.S.C. §§ 215(a)(1), 211(a).
On May 18, 2018, the Court issued a Temporary Restraining Order (ECF No. 10) and an Order to Show Cause Why a Preliminary Injunction Should Not Issue (ECF No. 11). On May 30, 2018, the Court held oral argument.
Defendants failed to show cause why a preliminary injunction should not issue. Thus, the Court GRANTS the preliminary injunction as follows:
1. Defendants Aqua and JE are enjoined and restrained from shipment of all goods for two weeks to allow the Secretary to determine that goods were produced in compliance with the FLSA.
2. Defendants are enjoined and restrained from shipment of all Ginger G goods until Ginger G provides sufficient records to allow the Secretary to determine, and the Secretary does determine, that goods were produced in compliance with the FLSA, including all documents responsive to the April 20, 2018 Subpoena, open purchase orders including those for HJ Fashion, Inc., production sheets, records showing all payments made in the last three months, and records showing garments produced outside the United States. The Secretary shall make his determination within two weeks of receiving Ginger G's records.
3. Defendant Chang Lee shall be available for deposition within two weeks of the time that Ginger G has produced all records to the Secretary.
4. Defendants are enjoined and restrained from violating the provisions of any of the following manners: Defendants shall not transport, ship, deliver, or sell in commerce, or offer to do so, any goods produced by any employees who were not paid the required minimum wage or overtime in violation of Sections 6 and 7 of the FLSA, 29 U.S.C. §§ 206, 207. Specifically:
a. Defendants Ginger G, Chang Lee, Hae Lee, and Hye Kyung Lee are enjoined and restrained from using domestic sewing contractors to produce Ginger G goods until they confirm that the contractor pays employees for all hours worked, regular and overtime, at the rates prescribed by law.
b. Defendants Ginger G, Chang Lee, Hae Lee, and Hye Kyung Lee shall require all contractors with whom they do business to maintain accurate time records, production records, piece rate records and payroll records
c. Defendants Ginger G, Chang Lee, Hae Lee, and Hye Kyung Lee shall hire an independent monitor, such as Worker Rights Consortium, to monitor all domestic contractors at least quarterly to determine its contractors' compliance with the FLSA. Ginger G shall provide monitoring reports to all Ginger G retailers, including TJX, Companies, Inc., and to the Department of Labor upon request.
5. Defendants are enjoined and restrained from interfering with or obstructing the Secretary's investigation under section 11(a) of the FLSA, 29 U.S.C § 211(a).
IT IS SO ORDERED.
