Date: 04-17-2015

Case Style: United States Department of Labor v. Jan Charles Gray

Case Number: 5:14-cv-05017-JLV

Judge: Jeffrey L. Viken

Court: United States District Court for the District of South Dakota

Plaintiff's Attorney: Cheryl Schrempp Dupris and Beau H. Ellis

Defendant's Attorney: Not Available

Description: Piere, SD - The United States Attorney’s Office (USAO) and the United States Department of Labor (DOL) recently secured a consent judgment of over $8,000.00 and a permanent injunction in South Dakota District Court, ordering Jan Charles Gray and his businesses in Custer, South Dakota, to comply with the Fair Labor Standards Act (FLSA) and to pay back wages and overtime pay owed to former employees. The Custer businesses include the Custer Motel, the All American Inn, and the American President Resorts. The injunction requires Gray and his businesses to train managers and employees about their rights under the FLSA, pay in accordance with the minimum wage and overtime requirements of the law, maintain accurate records, and not retaliate against any employee who files a complaint with, or cooperates in any investigation by the DOL. Gray has paid the back wages due. Gray is from Los Angeles, CA.

“The former employees involved in this investigation are getting the long overdue minimum wage and overtime pay to which they are entitled,” said Acting U.S. Attorney Randolph J. Seiler. “The USAO is dedicated to taking appropriate enforcement actions with respect to any violations of the FLSA.”

“The courts’ rulings make a strong statement about the importance of an employer’s obligation to comply with the law,” added Cynthia Watson, the DOL Wage and Hour Division’s Regional Administrator in Dallas, Texas. “We are committed to securing lasting compliance with the labor laws we enforce, and we are pleased that the judges in these cases enjoined the defendants from further violations of the FLSA.”

Outcome: Consent Judgment and Injunction Obtained Against Jan Charles Gray and his Custer Businesses

Plaintiff's Experts:

Defendant's Experts:

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