SEARCH

Walsh v. Alliance Property Servs. Inc.

Civil Contempt Not Imposed as Sanction on Nonparty Deemed Not Subject to Consent Judgment

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Martin J. Walsh,¹, Plaintiff v. Alliance Property Services, Inc. et al., Defendants SUMMARY ORDER In October 2017, the court entered a consent judgment (hereinafter “the Consent Judgment”), enjoining defendants Michael McCaffrey, Alliance Property Services, Inc. (hereinafter “Alliance”), Alliance Property Services, PA, Inc., Secure Assets First, Inc., and Imperial Property Services, Inc. from (1) withholding payment of $124,837 in unpaid wages to their employees, and (2) violating the minimum wage, overtime, recordkeeping, and retaliation provisions of the Fair Labor Standards Act² (FLSA). (Dkt. No. 83.) Now pending is a motion for civil contempt, filed by Martin J. Walsh, Secretary of Labor (hereinafter “the Secretary”), in which he argues that McCaffrey, along with his business partner, Danielle Ezman, and Alliance’s successor company, SCJ Enterprises PA, LLC, should be held in contempt and face sanctions for failing to make payments in accordance with the Consent Judgment, and for continuing to violate the relevant FLSA provisions. (See generally Dkt. No. 89.) For the reasons that follow, the motion is denied with prejudice as to Ezman, and denied without prejudice as to McCaffrey and SCJ. I. Background In February 2015, the Secretary filed this action against defendants. (See generally Compl., Dkt. No. 1.) Specifically, he alleged that defendants violated the FLSA’s minimum wage, overtime, recordkeeping, and retaliation provisions. (Id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2025

September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Senior Deputy District Counsel / Principal Deputy District Counsel

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...

Apply Now ›

SENIOR VICE PRESIDENT FOR LEGAL AFFAIRS AND GENERAL COUNSEL

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...

Apply Now ›

IP ASSOCIATE, PATENT AGENT, TECHNICAL SPECIALIST (Patent Prosecution) (multiple locations)

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...

Apply Now ›