United States Department of Labor v. Guess & Co. Kansas, LLC et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES DEPARTMENT OF LABOR,
LORI CHAVEZ-DEREMER, SECRETARY,
Plaintiff,
v. 	Case No. 24-2292-JWB
GUESS & CO. KANSAS, L.L.C., d/b/a GUESS &
CO. CORPORATION and JERRY D. GUESS,
individually,
Defendants.
PERMANENT INJUNCTION
This court, having considered the record in this matter, finds that Guess & Co. has been
found liable for violations of the Fair Labor Standards Act (“FLSA”), specifically under 29 U.S.C.
§§ 206, 207, and § 211(c). Pursuant to Federal Rule of Civil Procedure 55, a default judgment
against Guess & Co. has been entered contemporaneously herewith, upon Guess & Co.’s failure
to appear, plead, or otherwise defend in this action. Having found that the Secretary of Labor is
entitled to permanent injunctive relief pursuant to 29 U.S.C. § 217, which authorizes this court to
restrain violations of the FLSA,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, Guess & Co., their
officers, agents, servants, employees, successor companies, parties in interest, and all persons and
entities acting at their direction or in concert or participation with them, are permanently enjoined
and restrained from violating the FLSA, including through any of the following manners:
1. Guess & Co. shall not, contrary to 29 U.S.C. §§ 206 and 215(a)(2), fail to pay any of its
employees who in any workweek are engaged in commerce or the production of goods for
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commerce, or who are employed in an enterprise engaged in commerce or in the production of
goods for commerce, within the meaning of the FLSA, wages at rates not less than $7.25 per hour,
or any rate subsequently made applicable by amendment to the FLSA;
2. Guess & Co. shall not, contrary to 29 U.S.C. §§ 207 and 215(a)(2), employ any of its
employees who in any workweek are engaged in commerce or in the production of goods for
commerce, or who are employed in an enterprise engaged in commerce or in the production of
goods for commerce, within the meaning of the FLSA, for workweeks longer than 40 hours, unless
said employees receive compensation for their employment in excess of 40 hours at a rate
equivalent to one and one-half times the regular rate at which they are employed;
3. Guess & Co. shall not, contrary to 29 U.S.C. §§ 211(c) and 215(a)(5), fail to make, keep
and preserve adequate and accurate records of its employees, and of the wages, hours, and other
conditions and practices of employment maintained by it, as prescribed by the Regulations issued
pursuant to 29 U.S.C. §§ 211(c) and 215(a)(5) and found at 29 C.F.R. Part 516, as from time to
time amended.
IT IS SO ORDERED. Dated this 24th day of April, 2026.
__s/ John W. Broomes________________
JOHN W. BROOMES
CHIEF UNITED STATES DISTRICT JUDGE
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