Case 2:20-cv-04308-MAK Document 89 Filed 12/09/22 Page 1 of 22

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARTIN J. WALSH, )
SECRETARY OF LABOR, )
UNITED STATES DEPARTMENT OF LABOR, )
)
Plaintiff, )
)
v. ) Civil Action No. 20-4308-MAK
)
TRIMED HEALTHCARE, LLC, and )
BEVERLY JORDAN, )
)
Defendants. )
)

CONSENT JUDGMENT

Plaintiff, Secretary of Labor, United States Department of Labor, hereinafter referred to

as “Plaintiff” or “the Secretary,” has filed his Complaint alleging violations of the Fair Labor

Standards Act of 1938, 29 U.S.C. § 201, et seq. (hereinafter "the Act"). Defendants named

above, hereinafter referred as “Defendants” or “Employers,” have appeared by counsel, waive

any defense which they may have and hereby agree to the entry of this Consent Judgment

without contest. It is, therefore, upon motion of the attorneys for Plaintiff and for cause shown:

ORDERED, ADJUDGED, AND DECREED that Defendants, their officers, agents,

servants, and all persons acting or claiming to act on their behalf and interest be, and they hereby

are, permanently enjoined and restrained from violating the provisions of Sections 6, 7, 11(c),

and 15 of the Act, in any manner, specifically:

1. Defendants shall not, contrary to Section 6 of the Act, pay to any of their employees

who in any workweek are engaged in commerce or in the production of goods for commerce, or

employed in an enterprise engaged in commerce or in the production of goods for commerce, within
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the meaning of the Act, wages at rates less than those which are now, or which in the future may

become, applicable under Sections 6 and 15(a)(2) of the Act.

2. Defendants shall not, contrary to Section 7 of the Act, employ any of their

employees including, but not limited to, any of their employees working at 801 Easton Road,

Suite 5, Willow Grove, PA 19090 and 2100 S. Eagle Road, Ste. 349 PMB, Newtown, PA 18940,

or at any business location owned, operated, and/or controlled by Defendants, and at any other

business location at which their employees perform work, in any workweek when they are

engaged in commerce or employed in an enterprise engaged in commerce, within the meaning of

the Act, for workweeks longer than the hours now, or which in the future become, applicable

under Sections 7 and 15(a)(2) of the Act, unless the said employees receive compensation for

their employment in excess of the prescribed hours at a rate equivalent to one and one-half times

the regular rates applicable to them.

3. Defendants shall not fail to make, keep, and preserve adequate records of their

employees and of the wages, hours, and other conditions and practices of employment

maintained by them including, but not limited to, any of their employees working at 801 Easton

Road, Suite 5, Willow Grove, PA 19090 and 2100 S. Eagle Road, Ste. 349 PMB, Newtown, PA

18940, or at any business location owned, operated, and/or controlled by Defendants, and at any

other business location at which their employees perform work, as prescribed by the Regulations

issued pursuant to Section 11(c) and 15(a)(5) of the Act and found at 29 C.F.R. Part 516.

4. Defendants shall not discharge or take any retaliatory action against any of their

employees, whether or not directly employed by Defendants, because the employee engages in

any of the following activities pursuant to Section 15(a)(3) of the Act:

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a. Discloses, or threatens to disclose, to a supervisor or to a public agency,

any activity, policy, or practice of the Employers or another employer, with whom there

is a business relationship, that the employee reasonably believes is in violation of the Act,

or a rule or regulation promulgated pursuant to the Act;

b. Provides information to, or testifies before, any public agency or entity

conducting an investigation, hearing or inquiry into any alleged violation of the Act, or a

rule or regulation promulgated pursuant to the Act, by the Employers or another

employer with whom there is a business relationship;

c. Objects to, or refuses to participate in any activity, policy or practice

which the employee reasonably believes is in violation of the Act, or a rule or regulation

promulgated pursuant to the Act.

It is further ORDERED, ADJUDGED and DECREED by the Court that:

5. Defendants are enjoined and restrained from withholding gross back wages in the

sum total amount of $1,930,761.67 and are jointly and severally liable for the payment of

$1,930,761.67 in liquidated damages, due certain employees and former employees of

Defendants set forth and identified in Schedule A, which is attached hereto and incorporated

herein.

6. Regarding the matter of the civil money penalty, Defendants have agreed that the

amount currently due and payable is $180,141.00, that they are jointly and severally liable for

this amount, that such assessment has become the final order of the Secretary of the Department

of Labor, and that they waive any and all rights to appeal or contest such assessment.

7. Defendants shall pay gross back wages and liquidated damages in the total

amount of $3,861,523.34, for violations of the overtime provisions of the Act by Defendants that

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occurred during the period of April 3, 2016, through September 6, 2019 (“relevant period”). This

amount shall represent the full extent of back wages and liquidated damages owed by Defendants

for the relevant period to the employees set forth and identified on the attached Schedule A. It is

further agreed that the overtime compensation and liquidated damage payments by the

Defendants in the amounts as specified above are in the nature of back wages and liquidated

damages pursuant to the provisions of the Act.

8. Defendants shall pay the above referenced amounts in accordance with the

installment agreement, including interest, detailed in Schedule B, which is attached hereto and

incorporated herein. Payments made in accordance with the installment agreement shall be made

as follows:

a. For payments related to the back wages and liquidated damages, payments

may be made online by ACH transfer, credit card, or debit card by going to

https://www.pay.gov/public/form/start/77689032 or www.pay.gov. Alternatively,

payments may be made by a certified check, bank check, or money order made payable

to “Wage and Hour Division-Labor,” and mailed to:

United States Department of Labor

Wage and Hour Division
Northeast Regional Office
1835 Market Street
19th Floor, Mailstop WHD/19,
Philadelphia, PA 19103-2968

The check or money order shall bear the following reference: Case ID# 1865119.

b. For the payment related to the civil money penalty, payments may be

made online by ACH transfer, credit card, or debit card by going to

https://www.pay.gov/public/form/start/77734139 or www.pay.gov. Alternatively,

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payments may be made by a certified check, bank check, or money order made payable

to Wage and Hour Division-Labor,” and mailed to:

United States Department of Labor

Wage and Hour Division
Northeast Regional Office
1835 Market Street
19th Floor, Mailstop WHD/19,
Philadelphia, PA 19103-2968

The check or money order shall bear the following reference: Case ID# 1865119.

c. The Secretary, through the Wage and Hour Division, shall distribute the

back wages (less any applicable federal taxes, withholdings, and deductions) and

liquidated damages payments to the employees and former employees, or to their estates,

as set forth in Schedule A. Schedule A will show for each individual the gross back pay

due (subject to legal deductions), and liquidated damages. Any sums not distributed to

the employees or former employees on Schedule A, or to their estates, because of

inability to locate the proper persons or because of such persons’ refusal to accept such

sums, shall be deposited with the Treasurer of the United States pursuant to 29 U.S.C §

216(c). Defendants shall remain responsible for all tax payments considered to be the

“employer’s share,” including, but not limited to, FICA.

d. A fifteen (15) calendar-day grace period shall be allowed for receipt of

each payment that is required by this section and Schedule B of this Consent Judgment. If

Defendants fail to make any payment set forth in Schedule B of this Consent Judgment

within that fifteen (15) calendar-day grace period, all remaining installment payments

shall become due immediately.

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9. If Defendants fail to make the payments as set forth in Paragraph 8 above, upon

notice to the Defendants, the Court shall appoint a Receiver to effectuate all of the terms of this

Consent Judgment. In the event a Receiver is appointed:

a. Defendants shall cooperate with the Receiver in all respects, and shall

provide to the Receiver any and all information which the Receiver may require to carry

out its appointment and in accordance with the authority given to the Receiver pursuant

to applicable law at the time of appointment.

b. All the expenses of the accountant or Receiver shall be borne solely by the

Defendants.

c. If the Court appoints a Receiver, the Receiver shall serve until the

payment of the monetary terms of this Judgment are satisfied.

d. The Receiver shall have full authority to: collect the Defendants’ assets

and report his/her findings to the Court and the parties; to redeem and/or liquidate the

Defendants’ assets and turn over the proceeds to the Secretary; if the asset is a debt that is

due, collect it and turn over the proceeds to the Secretary; to analyze all indebtedness and

where deemed appropriate seek restructuring; to analyze all transfers of the Defendants’

assets; to prevent waste or fraud; and to do all acts and take all measures necessary or

proper for the efficient performance of the duties under this Judgment.

10. Within thirty days of the entry of an order approving this Order, Defendants will

provide the Wage and Hour Division with the current or last known address, telephone number,

and social security number (or individual taxpayer identification number (if either are known)) of

each individual identified on the attached Schedule A.

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11. Neither Defendants nor anyone on their behalf shall directly or indirectly solicit or

accept the return or refusal of any sums paid under this Consent Judgment. Any such amount

shall be immediately paid to the Secretary for deposit as above, and Defendants shall have no

further obligations with respect to such returned monies. If recovered wages have not been

claimed by the employee or the employee’s estate within three years of the entry of this Consent

Judgment, the Secretary shall deposit such money with the Treasury in accordance with Section

16(c) of the Act.

12. The parties agree that the instant action is deemed to solely cover Defendants'

business and operations for the relevant period for all claims raised in the Complaint as a result

of the Secretary’s investigation. The parties agree that the filing of this action and the provisions

of this Judgment shall not, in any way, affect, determine, or prejudice any and all rights of any

person specifically named on Schedule A or the Secretary for any period after September 6,

2019, or any persons, be they current or former employees, not specifically named on Schedule

A, insofar as such rights are conferred and reserved to said employees by reason of Section 16(b)

of the Act

13. Defendants agree that they are employers within the meaning of Section 3(d) of

the Fair Labor Standards Act, 29 U.S.C. § 203(d).

14. By entering into this Consent Judgment, Plaintiff does not waive his right to

conduct future investigations of Defendants under the provisions of the FLSA and to take

appropriate enforcement action, including assessment of civil money penalties pursuant to

Section 16(e) of the FLSA, with respect to any violations disclosed by such investigations.

15. It is FURTHER ORDERED, ADJUDGED AND DECREED that each party shall

bear its own fees and other expenses incurred by such party in connection with any stage of this

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proceeding including, but not limited to, attorney fees which may be available under the Equal

Access to Justice Act, as amended.

December 9, 2022
Date: ____________________ ______________________________
Mark A. Kearney
UNITED STATES DISTRICT JUDGE

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