1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EUGENE SCALIA, )

Secretary of Labor, )

United States Department of Labor, )

)

Plaintiff, )

) Civil action no.: 1:20-cv-02838

v. )

)

BY YOUR SIDE HOME CARE )

SERVICES, INC.; RUFINO )

LUGOD, JR., an individual; JULIET )

QUIJANO, an individual; MARIA )

LUGOD, an individual; and )

JUANITO QUIJANO, JR., an )

individual, )

)

Defendants. )

CONSENT JUDGMENT

Plaintiff, EUGENE SCALIA, Secretary of Labor, United States Department of Labor 

(“Secretary”), having filed his Complaint and Defendants BY YOUR SIDE HOME CARE 

SERVICES, INC.; RUFINO LUGOD, JR., an individual; JULIET QUIJANO, an individual;

MARIA LUGOD, an individual; and JUANITO QUIJANO, JR., an individual, (hereinafter 

collectively, “Defendants”), having appeared by counsel, having received a copy of the 

Complaint, waived service thereof, having answered, and having been duly advised in the 

premises, agree to the entry of this Consent Judgment without contest. Now, therefore, upon 

motion for the attorneys for the Secretary and Defendants, and for cause shown:

JUDGMENT IS HEREBY ENTERED against Defendants pursuant to section 17 of the 

Fair Labor Standards Act of 1938, as Amended, 29 U.S.C. § 201 et seq. (the “Act”) as follows:

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IT IS HEREBY ORDERED AND ADJUDGED, pursuant to section 17 of the Act, that 

the Defendants, their officers, agents, servants, successors, employees, and all persons in active 

concert or participation with them be and hereby are, permanently enjoined and restrained from 

violating the provisions of the Act, in any of the following manners.

I

A. Defendants shall not, contrary to sections 7 and 15(a)(2) of the Act, employ any 

nonexempt employees who in any workweek are engaged in commerce or 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 Act, for workweeks longer than 40 

hours, unless such employee receives compensation for his employment in excess of 40 hours at 

a rate not less than one and one-half times the regular rates at which he is employed, subject to 

Section 13 of the Act.

B. Defendants shall not, contrary to sections 6 and 15(a)(2) of the Act, pay any of 

their nonexempt 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 Act, wages at a rate less than $7.25 

per hour (or at a rate less than such other applicable minimum rate as may hereinafter be 

established by amendment to the Act).

C. Defendants shall not fail to make, keep and preserve records of their nonexempt 

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

maintained by them as prescribed by the regulations issued, and from time to time amended, 

pursuant to section 11(c) of the Act and found in 29 CFR Part 516. This includes, but is not 

limited to, maintaining records of all hours worked by each nonexempt employee in each 

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workday and each workweek, and records of compensation paid to each such employee in each 

workweek, whether payment is made by a payroll check, personal check, cash or a combination 

thereof. The records maintained by Defendants shall also include, but not be limited to, the full 

name and last-known mailing address of all employees, the daily work start and stop times of 

each employee, and the specific method of payment made to each employee.

D. Defendants, their agents, officers or employees shall not, contrary to section 

15(a)(3) of the Act, threaten, retaliate, or discriminate in any way against any current or former 

employee of Defendants for exercising any rights under the FLSA, including, but not limited to, 

employee complaints regarding FLSA compliance made to Defendants or to the Wage and Hour 

Division of the United States Department of Labor, or cooperation with an investigation 

conducted by the Wage and Hour Division.

II

FURTHER, pursuant to section 17 of the Act, Defendants shall not withhold payment of 

the sum of $134,655.89 in back wages, which represents the unpaid minimum wage and 

overtime compensation hereby found to be due for the period from December 23, 2016 to 

January 22, 2018, plus pre-judgment interest of $1,237.76 during the violation periods in Exhibit 

A to the present and former employees named in Exhibit A, attached hereto and made a part 

hereof, in the amounts set forth therein. The total amount due is $135,893.65.

III

The monetary provisions of this Consent Judgment shall be deemed satisfied upon 

Defendants’ delivery to the Plaintiff’s representative of the following:

The monetary provisions of Paragraph III of this Consent Judgment shall be deemed satisfied, 

upon Defendants’ delivery to the Plaintiff’s representative of the following:

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A. Within five days of the entry of this Consent Judgment, an electronic schedule

listing the name, last-known address, and social security number of each 

employee listed on Exhibit A. Defendants remain responsible for their employer 

share of applicable taxes on any back wages due and owing. Nothing in this 

Consent Judgment precludes Defendants from complying with court-issued wage 

deduction, child support orders, or other garnishments required by law from the 

payments being made pursuant to this Consent Judgment. 

B. Payment of the back wages, including the payment of pre-judgment interest, due 

shall be paid online by ACH transfer, credit card, debit card, or digital wallet by 

going to https://www.pay.gov/public/form/start/77692637 or by going to 

https://www.pay.gov and searching “WHD Back Wage Payment – Midwest 

Region” on or before October 27, 2020. Defendants shall pay using the Pay.gov 

system. Defendants remain responsible for paying their share of any applicable 

taxes to the appropriate State and Federal revenue authorities. 

C. In the event the Pay.gov system is unavailable, Defendants may also pay the total 

amounts due by submitting a certified or cashier’s check for the back wages, 

including pre-judgment and post-judgment interest, with notations as such, 

payable to “Wage and Hour Div. – Labor” to the U.S. Department of Labor, 

Wage and Hour Div., P.O. Box 2638, Chicago, IL 60690-2638.

(2) The Plaintiff shall distribute the proceeds of the payment (less legal deductions 

for each employee’s share of social security and Federal withholding taxes for back wages) to 

the persons identified in Exhibit A, or to their estates, if that be necessary; and any amounts 

referenced above of unpaid compensation and liquidated damages not so paid within a period of 

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three (3) years from the date of receipt thereof shall, pursuant to section 16(c) of the Act, be 

covered into the Treasury of the United States as miscellaneous receipts. 

IV

Defendants shall not request, solicit, suggest, or coerce, directly, or indirectly, any current 

or former employee to return or to offer to return to the Defendants or to someone else for the 

Defendants, any money in the form of cash, check, or any other form, for wages previously due 

or to become due in the future to said employee under the provisions of this Consent Judgment 

or the Act; nor shall Defendants accept, or receive from any employee, either directly or 

indirectly, any money in the form of cash, check, or any other form, for wages heretofore or 

hereafter paid to said employee under the provisions of this Consent Judgment or the Act; nor 

shall Defendants discharge or in any other manner discriminate, nor solicit or encourage anyone 

else to discriminate, against any such employee because such employee has received or retained 

money due to him from the Defendants under the provisions of this Consent Judgment or the 

Act.

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V

FURTHER, it is agreed by the parties herein and hereby ORDERED that each party 

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

proceeding to date with no costs, including, but not limited to, any and all costs referenced under

the Equal Access to Justice Act, as Amended.

VI

FURTHER, this Court shall retain jurisdiction of this matter to enforce the terms of this 

judgment pursuant to Federal Rule of Civil Procedure 54.

SO ORDERED.

Date: November 2, 2020 ____________________________________

Robert M. Dow, Jr.

United States District Judge

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FOR DEFENDANTS: FOR PLAINTIFF:

/s/ Rufino Lugod, Jr.

RUFINO LUGOD, JR.

Dated: 10/22/2020

/s/ Juliet Quijano 

________________________________

JULIET QUIJANO

Dated: 10/26/2020

/s/ Maria Lugod 

________________________________

MARIA LUGOD 

Dated: 10/22/2020

/s/ Juanito Quijano, Jr. 

________________________________

JUANITO QUIJANO, JR.

Dated: 10/26/2020

/s/ Rufino Lugod, Jr. 

_________________________

BY YOUR SIDE HOME CARE 

SERVICES, INC.

By: Rufino Lugod, Jr.

President

Dated: 10/22/2020

KATE O’SCANNLAIN

Solicitor of Labor

CHRISTINE Z. HERI

Regional Solicitor

/s/ David J. Tanury 

________________________________

DAVID J. TANURY

Senior Trial Attorney

Dated:10/26/2020

Attorneys for EUGENE SCALIA

Secretary of Labor

U.S. Department of Labor

Plaintiff

Office of the Solicitor

U.S. Department of Labor

230 S. Dearborn St., Room 844

Chicago, IL 60604

Telephone No.: 312/353-4454

Fax No.: 312/353-5698

E-mail: Tanury.david.j@dol.gov

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/s/ Jeffrey Keller 

________________________________

JEFFREY S. KELLER, ESQ.

Dated: 10/22/2020

Attorney for BY YOUR SIDE HOME 

CARESERVICES, INC.; RUFINO LUGOD, 

JR., an individual; JULIET QUIJANO, an 

individual; MARIA LUGOD, an individual; 

and JUANITO QUIJANO, JR., an individual.

Jeffrey S. Keller, Esq.

Keller Law Group, LLC

400 E. Diehl Road, Suite300

Naperville, Illinois 60563

Tel. (630) 505-1515

j.keller@lawkeller.com

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EXHIBIT A

 Employee 

Back Wages 

Due Interest Due Total Due 

1 Gladys Ababio $1,705.25 $15.67 $1,720.92 

2 Beverly Abiva $3,404.89 $31.30 $3,436.19 

3 Jose Adasa $20.57 $0.19 $20.76 

4 Olashile Adeyekun $454.74 $4.18 $458.92 

5 Elvira Albela $4,549.19 $41.82 $4,591.01 

6 Bienvinida Amurao $2,489.39 $22.88 $2,512.27 

7 Nestor Ancheta $431.42 $3.97 $435.39 

8 Cristito Angob $1,367.69 $12.57 $1,380.26 

9 Teresita Aquino $4,163.79 $38.27 $4,202.06 

10 Lorna Aube $266.67 $2.45 $269.12 

11 Alan Badayos $1,052.00 $9.67 $1,061.67 

12 Cielito Bahney $5,243.82 $48.20 $5,292.02 

13 Renato Baldago $3,825.21 $35.16 $3,860.37 

14 Evangeline Barros $1,086.92 $9.99 $1,096.91 

15 Evangeline Baylosis $174.22 $1.60 $175.82 

16 Sheila Benson $3,821.50 $35.13 $3,856.63 

17 Violeta Beto $2,335.07 $21.46 $2,356.53 

18 Viola Braboy $275.86 $2.54 $278.40 

19 Teresita Briones $3,769.30 $34.65 $3,803.95 

20 Iluminada Carini $75.00 $0.69 $75.69 

21 Derlina Carter $165.81 $1.52 $167.33 

22 Jashly Castillo $1,790.33 $16.46 $1,806.79 

23 Rosario Castillo $88.00 $0.81 $88.81 

24 Llova Catayong $318.69 $2.93 $321.62 

25 Sofia Celemin $1,777.78 $16.34 $1,794.12 

26 Annie Crespo $784.50 $7.21 $791.71 

27 Mercedita Crus $217.25 $2.00 $219.25 

28 Consolacion Cuyugan $4,936.52 $45.38 $4,981.90 

29 Jonathan Dagmante $1,544.27 $14.19 $1,558.46 

30 Susana Dela Cruz $372.06 $3.42 $375.48 

31 Isabelita Dela Vega $566.03 $5.20 $571.23 

32 Remedios De Leon $1,025.64 $9.43 $1,035.07 

33 Perla Eisma $693.51 $6.37 $699.88 

34 Anecita Elcamel $2,104.80 $19.35 $2,124.15 

35 Maria Falcon $128.00 $1.18 $129.18 

36 Catherine Garcia $920.48 $8.46 $928.94 

37 Leny Gonzalez $765.83 $7.04 $772.87 

38 Panie Gray $169.64 $1.56 $171.20 

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39 Ayesha Gunderson $607.81 $5.59 $613.40 

40 Cynthia Hillard $436.02 $4.01 $440.03 

41 Luis Inductivo $432.00 $3.97 $435.97 

42 Rosalie Johnson $22.57 $0.21 $22.78 

43 Kimberly Jones $796.78 $7.32 $804.10 

44 John Juniga $772.29 $7.10 $779.39 

45 Cristina Kamp $1,166.07 $10.72 $1,176.79 

46 Isabelita Lavandero-Medley $3,630.75 $33.37 $3,664.12 

47 Visitacion Leones $6,263.91 $57.58 $6,321.49 

48 Perla Liquigan $277.01 $2.55 $279.56 

49 Nielo Literato $3,177.91 $29.21 $3,207.12 

50 Beverly Lonzaga $4,074.89 $37.46 $4,112.35 

51 Marben Lonzaga $1,111.28 $10.21 $1,121.49 

52 Rica Lunsford $889.29 $8.17 $897.46 

53 Delfa Lyles $1,784.45 $16.40 $1,800.85 

54 Amos Magcalas $3,485.57 $32.04 $3,517.61 

55 Maria Magcalas $350.00 $3.22 $353.22 

56 Rebecca Marcos $2,394.33 $22.01 $2,416.34 

57 Christian Mendoza $130.00 $1.19 $131.19 

58 Mary Mendoza $276.12 $2.54 $278.66 

59 Roderick Mendoza $3,132.97 $28.80 $3,161.77 

60 Belinda Meredith $619.49 $5.69 $625.18 

61 Bernadita Merritt $313.44 $2.88 $316.32 

62 Roane Monje $990.81 $9.11 $999.92 

63 Lorna Mozo $1,137.86 $10.46 $1,148.32 

64 Ekrema Nanic $551.69 $5.07 $556.76 

65 Joshua Nazario $1,472.50 $13.54 $1,486.04 

66 Marcus Nazario $1,386.00 $12.74 $1,398.74 

67 Lari Ocampo $172.49 $1.59 $174.08 

68 Romualda Olano $690.11 $6.34 $696.45 

69 Juliana Owoo-Battlet $2,642.66 $24.29 $2,666.95 

70 Pablita Padel $428.00 $3.93 $431.93 

71 Lolita Padolina $1,679.89 $15.44 $1,695.33 

72 Winnie Pagayon $1,525.58 $14.02 $1,539.60 

73 Clementino Payoyo $560.00 $5.15 $565.15 

74 Wilfred Polo $70.00 $0.64 $70.64 

75 Editha Ramos $70.00 $0.64 $70.64 

76 Nestorio Reyes $2,462.65 $22.64 $2,485.29 

77 Patrocinia Robles $2,769.03 $25.45 $2,794.48 

78 Raisa Saltoc $1,659.05 $15.25 $1,674.30 

79 Remuel Saltoc $306.78 $2.82 $309.60 

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80 Edna Santiago $416.99 $3.83 $420.82 

81 Sandy Sarona $216.75 $1.99 $218.74 

82 Lucilieta Schweitzer $20.50 $0.19 $20.69 

83 Evangelina Seballos $1,635.96 $15.04 $1,651.00 

84 Susan Shyu $185.12 $1.70 $186.82 

85 Leonida Soriano $1,015.38 $9.33 $1,024.71 

86 Sylvia Tabilas $684.00 $6.29 $690.29 

87 Gonzalo Tamesis $1,210.81 $11.13 $1,221.94 

88 Evangeline Tejada $4,818.62 $44.29 $4,862.91 

89 Debra Thomas $968.76 $8.90 $977.66 

90 Belen Tobongbanua $302.01 $2.78 $304.79 

91 Angelina Turija $883.52 $8.12 $891.64 

92 Arnold Umbao $3,104.07 $28.53 $3,132.60 

93 Jessica Umbao $694.49 $6.38 $700.87 

94 Deity Visco $722.02 $6.64 $728.66 

95 Matthew Werner $22.00 $0.20 $22.20 

96 Jocelyn Wunder $32.00 $0.29 $32.29 

97 Janith Yarra $88.00 $0.81 $88.81 

98 Ryzshyl Yarra $688.56 $6.33 $694.89 

99 Mary Yeboah $1,184.64 $10.89 $1,195.53 

100 Amelia Zara $160.00 $1.47 $161.47 

Total $134,655.89 $1,237.76 $135,893.65 

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