Chavez-DeRemer, Lori v. North Central Community Services Program and Affiliates

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Case: 3:24-cv-00320-wmc Document#:56- Filed: 12/04/25 Page 1 of 10

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

LORI CHAVEZ-DEREMER, Secretary
of Labor, United States Department of
Labor,

Plaintiff,
V.

)
)
)
)
)
)
)
) Case No.: 8:24-cv-00320-wmce
NORTH CENTRAL COMMUNITY )
SERVICES PROGRAM AND )
AFFILIATES, d/b/a NORTH )
CENTRAL HEALTH CARE, )
)
)

Defendant.

CONSENT JUDGMENT AND ORDER

Plaintiff, Lori Chavez-DeRemer, Secretary of Labor, United States
Department of Labor, has filed a complaint under the Fair Labor Standards Act of
1938 as amended (29 U.S.C. § 201 e¢ seq.) (“FLSA”), and Defendant North Central
Community Services Program and Affiliates, d/b/a North Central Health Care
(“Defendant,” “North Central,” or “NCHC”) has appeared by counsel and agrees to
the entry of this Consent Judgment and Order (“Consent Judgment”) without
contest.

Defendant admits and the Court finds Defendant is engaged in related
activities performed through unified operation or common control for a common
business purpose and is an “enterprise” under 29 U.S.C. § 203(r).

Defendant admits and the Court finds Defendant is an enterprise engaged in

commerce or in the production of goods for commerce within the meaning of 29

U.S.C. § 203(1)(A).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case: 3:24-cv-00320-wmc Document#:56- Filed: 12/04/25 Page 2 of 10

Defendant admits and the Court finds Defendant is also an “enterprise that
is the activity of a public agency” within the meaning of 29 U.S.C. § 203(s)(1)(C)
because it operates by agreement between three Wisconsin counties.

Defendant admits and the Court finds Defendant is an employer as defined in

29 U.S.C. § 203(d).

Defendant admits and the Court finds it has jurisdiction over this matter and
Defendants.

Upon motion of attorneys for the Secretary and for cause shown, it is:

ORDERED, ADJUDGED, AND DECREED, pursuant to section 17 of the
FLSA that Defendant, its 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 7, 11(c), 15(a)(2),
15(a)(3), and 15(a)(5) of the FLSA, in any of the following manners:

1. Defendant shall not, contrary to 29 U.S.C. §§ 207 and 215(a)(2), employ
any of its employees including, but not limited to, any of its employees working at
North Central, or at any business location owned, operated, and/or controlled by
Defendant, and at any other business location at which its 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 FLSA, for workweeks longer than ~
40 hours, unless those employees receive compensation for their employment in

excess of forty hours at a rate equivalent to one and one-half times the regular rate

at which they are employed.

Case: 3:24-cv-00320-wmc Document#:56- Filed: 12/04/25 Page 3 of 10

a. For purposes of Paragraph 1, prohibited actions include, without
limitation: failing to pay Case Managers the overtime premium for hours
over 40 in a workweek.

2. Defendant shall make, keep, and preserve adequate records of its
employees and of the wages, hours, and other conditions and practices of
employment maintained by them including, but not limited to, any of its employees
working at North Central, or at any business location owned, operated, and/or
controlled by Defendant, and at any other business location at which its employees
perform work, 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. Defendant shall make such
records available at all reasonable times to representatives of the Plaintiff.

3. Pursuant to 29 U.S.C. § 215(a)(3), Defendant shall not discharge or
take any retaliatory action against any of its current or former employees because
the current or former employee engages in any of the following activities:

a. Discloses, or threatens to disclose, to a supervisor or to a public
agency, any activity, policy, or practice of the Defendant or another employer,
with whom there is a business relationship, that the employee reasonably
believes is in violation of the FLSA, or a rule or regulation promulgated
pursuant to the FLSA;

b. Provides information to, or testifies before, any public agency or
entity conducting an investigation, hearing or inquiry into any alleged

violation of the FLSA, or a rule or regulation promulgated pursuant to the

Case: 3:24-cv-00320-wmc Document#:56- Filed: 12/04/25 Page 4 of 10

FLSA, by the Defendant 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 FLSA,
or a rule or regulation promulgated pursuant to the FLSA.

4, No later than 30 days after the approval of this Consent Judgment,
Defendant will:

a. Post (for a period of six months) in a conspicuous place at all
worksites operated by Defendant—including all places where posters for
employees are customarily posted—a file-stamped copy of this Consent
Judgment;

b. Distribute (for a period of two years) physical copies of the
following to all current and newly hired Case Managers: WHD Fact Sheet
#22 Hours Worked Under the Fair Labor Standards Act (FLSA)

(htty)s://www.dol.gov/avencies/whd/fact-sheets/22-flsa-hours-worked); Fact

Sheet #23: Overtime Pay Requirements of the FLSA
(https://www.dol.gov/azencies/whd/fact-sheets/23-flsa-overtime-jiay);

C. Distribute (for a period of two years) electronic copies of the
following to all current and newly hired Case Managers and their
Supervisors the Interactive Handy Reference Guide to the Fair Labor

Standards Act

Case: 3:24-cv-00320-wmc Document#:56- Filed: 12/04/25 Page 5 of 10

(https://www.dol.xov/sites/dolyov/files/WHDfevacw/files/Digital Reference Gu

ide FLSA.pdt)

d. Amend its Employee Compensation and Timekeeping Policy
applicable to all staff to include the following after the sentence “NCHC does
not have the authority to ask, encourage, or insinuate that an employee
perform work off the clock”: “Any NCHC employee who is instructed,
pressured, or otherwise led to believe they must work without recording all
hours shall immediately report the incident to Human Resources or the
Compliance Officer, bypassing their direct supervisor if necessary; all such
reports will be investigated promptly, and retaliation for making a report is
strictly prohibited.”

5. No later than 90 days after the approval of this Consent Judgment,
Defendant shall arrange a one-hour training for all Clinical Coordinators and
Operations Managers covering, at minimum, the following:

a. The obligation to pay for all hours worked, regardless of
pre-approval;

b. Lawful overtime practices, including the prohibition on

discouraging or refusing to record overtime hours;

e Accurate and contemporaneous timekeeping procedures;
d. Workload management to prevent off-the-clock work;
e. The duty to respond promptly to overtime approval requests;

and

Case: 3:24-cv-00320-wmc Document#:56- Filed: 12/04/25 Page 6 of 10

f. Defendant’s non-retaliation policy for employees who report
timekeeping or pay concerns.
g. Attendance shall be mandatory for all Clinical Coordinators and
Operations Managers, documented, and records of completion retained for
inspection by the U.S. Department of Labor for a period of two years.
FURTHER, JUDGMENT IS HEREBY ENTERED, pursuant to section 16(c)
of the Act, in favor of the Secretary and against Defendant in the total amount of
$162,476.00 as set forth in Exhibit A.
6. The Secretary shall recover from Defendant the sum of $81,243.00 in
unpaid overtime compensation covering the period from June, 17, 2021, through
June 16, 2023, for Defendant’s current and former employees whose names are

listed in the attached Exhibit A, and the additional sum of $81,243.00 in liquidated

damages.

a. At the time Defendant signs this Consent Judgment, it shall
deliver payment in the amount of $162,476.00 by ACH transfer or digital
wallet at https:/Mwww.pay.gov/public/form/start/77692637 or www.pay.gov

and searching “WHD Back Wage Payment — Midwest Region”.

b. Defendant shall also furnish to the Secretary the full name, last-
known address, last-known phone number, and social security number for

each employee named in Exhibit A.

1 Defendant will use 1981972 for the case/investigation number and the date they signed
this Consent Judgment for any dates required at pay.gov.

6

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Case: 3:24-cv-00320-wmc Document #: 56 Filed: 12/04/25 Page 7 of 10

Case: 3:24-cv-00320-wmc Document #: 56

Entry of this judgment is consented to:

For Defendant:

Date | @\ lones

North Central Health Care

eS X

C26

“By its Attorney
Oyvind Wistrom
State Bar No. 1024964
Lindner & Marsack, S.C.
411 East Wisconsin Avenue, Suite 1800
Milwaukee, WI 53202
Phone: 414-273-3910
Email: owistrom@lindner-marsack.com
Counsel for Defendant

APPROVED:

JONATHAN BERRY
Solicitor of Labor

CHRISTINE Z. HERI
Regional Solicitor

ey ay $ ry .
TRAVIS GOSSELIN
Senior Trial Attorney
U.S. Department of Labor
Office of the Solicitor
2380 South Dearborn Street, Rm. 844
Chicago, Illinois 60604
(312) 353-6991
gosselin.travis@dol.gov
IL Bar I.D. 6282984

Attorneys for Plaintiff Lori Chavez-
DeRemer, Secretary of Labor, United
States Department of Labor

Filed: 12/04/25

Page 8 of 10

Case: 3:24-cv-00320-wmc

Document #: 56

Filed: 12/04/25

Page 9 of 10

Exhibit Al
_. Worker’sName ——*|: BackWagesDue | Liquidated | TotalDue
ee Damages Due |)
B. Arnold $84.15 $84.15 $168.30
K. Auner $934.09 $934.09 $1,868.18
S. Baldwin $1,600.87 $1,600.87 $3,201.74
E. Bandow $1,160.47 $1,160.47 $2,320.94
A. Bartz $1,113.19 $1,113.19 $2,226.38
T. Beres $1,435.52 $1,435.52 $2,871.04
M. Borneman $1,484.14 $1,484.14 $2,968.28
D. Brandenburg $1,771.08 $1,771.08 $3,542.16
C. Bussiere $1,562.70 $1,562.70 $3,125.40
T. Copeland $1,552.97 $1,552.97 $3,105.94
W. Cox $1,322.72 $1,322.72 $2,645.44
L. Dewitt $1,015.54 $1015.54 $2,025.08
K. Erdman $2,011.90 $2,011.90 $4,023.80
Jd. Felhofer $1,509.30 $1,509.30 $3,018.60
E. Ferdon $78.75 $78.75 $157.50
L. Fleischman $183.75 $183.75 $367.50
E. Fox $1,671.50 $1,671.50 $3,383.00
A. Fritsche $160.78 $160.78 $321.56
G. Gardner $645.90 $645.90 $1,291.80
C. Gilbert $164.16 $164.16 $328.32
A. Glenn $1,221.91 $1,221.91 $2,443.82
A. Gollon $1,188.55 $1,188.55 $2,377.10
N. Griese $908.99 $908.99 $1,817.98
B. Hansen $1,497.33 $1,497.53 $2,994.66
S. Haring $333.39 $333.39 $666.78
A. Hernandez $1,235.38 $1,235.38 $2,470.76
E. Hulman $20.84 $20.84 $41.68
B. Kickhaver $1,895.65 $1,895.65 $3,791.30
T. Klemp $1,570.39 $1,570.39 $3,140.78
R. Krueger $2,327.26 $2,327.26 $4,654.72
S. Kuntsmann $1,261.60 $1,261.60 $2,523.20
K. Marg $1,040.75 $1,040.75 $2,081.50
T. Marquardt $17.25 $17.25 $34.50
T. Messman $1,866.13 $1,866.13 $3,732.26
S. Metko $2,145.53 $2,145.53 $4,291.06
K. Moua $1,599.88 $1,599.88 $3,199.76
S. Mucha $294.05 $294.05 $588.10
M. Musson $715.56 $715.56 $1,425.12
J. Northway $1,595.96 $1,595.96 $3,191.92
D. Ojala $2,226.13 $2,226.13 $4452.26
B. Pagel $1,997.68 $1,997.68 $3,995.36
M. Pagel $342.90 $342.90 $685.80
C. Peterson $1,945.15 $1,945.15 $3,890.38
A. Rochon $1,639.77 $1,639.77 $3,279.54

1 “Himployees’ names have been redacted for privacy reasons. Defendants acknowledge
receiving employees’ full names.”

Case: 3:24-cv-00320-wmc

Document #: 56

Filed: 12/04/25

Page 10 of 10

_ Worker’sName —_—s'| Back WagesDue | Liquidated | TotalDue _
rr a DamagesDue [fe
K. Sabel $822.57 $822.57 $1,645.14
B. Salas $837.22 $837.22 $1,674.44
M. Schade $1,517.61 $1,517.61 $3,035.22
R. Sciborowski $1,644.40 $1,644.40 $3,288.80
S. Smith $1,217.70 $1,217.70 $2,435.40
J, Staeven $1,561.20 $1,561.20 $3,122.40
T. Stelzer $1,855.43 $1,855.43 $3,710.86
K. Swenson $980.95 $980.95 $1,961.90
S. Tatro $729.05 $729.05 $1,458.10
A. Tesch $1,512.81 $1,512.81 $3,025.62
R. Thiel $1,898.12 $1,898.12 $3,796.24
M. Treziak $454.34 $454.34 $908.68
L. Van De Loo $640.42 $640.42 $1,280.84
E. Verley $250.04 $250.04 $500.08
H, Will $1,639.94 $1,639.94 $3,279.88
L. Witt $1,705.81 $1,705.81 $3,411.62
N. Woitula $494.38 $494.38 $988.76
M. Wunsch $648.82 $648.82 $1,297.64
K. Yang $880.12 $880.12 $1,760.24
P. Yang $1,525.30 $1,525.30 $3,050.60
A. Ziesemer $1,680.09 $1,680.09 $3,360.18
T. Zimmerman $1,852.23 $1,352.23 $2,704.46
S. Zoellner $1,869.58 $1,369.58 $2,739.16
D. Zoromski $1,659.82 $1,659.82 $3,319.64
Total $81,243.60 $81,248.60 $162.487.20