JOHN R. FRASER,
ACTING ADMINISTRATOR,
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR,
PLAINTIFF,
v.
CORNFORTH-CAMPBELL MOTORS, INC.,
TACOMA DODGE, INC.,
BOWEN SCARFF FORD SALES, INC., d/b/a
BOWEN SCARFF FORD/VOLVO,
BNS ENTERPRISES, INC., d/b/a ACURA OF BELLEVUE,
NORTH SEATTLE CHRYSLER PLYMOUTH, INC.,
TOTEM HILL PONTIAC GMC TRUCK, INC.,
WINNER LINCOLN-MERCURY, INC.,
ART GAMBLIN MOTORS, INC.,
BELLINGHAM CHRYSLER CENTER, INC.,
GOOD CHEVROLET, INC.,
CAPITOL MANAGEMENT & INVESTMENT CO., d/b/a
CAPITOL COACHMAN,
EVERGREEN SPORTSCARS, INC., d/b/a EVERETT MAZDA,
BREWER CHRYSLER PLYMOUTH, INC.,
JIM FUGATE FORD, INC., d/b/a FUGATE FORD-MERCURY-MAZDA,
EVERED MOTORS, INC., d/b/a BELLEVUE LINCOLN, MERCURY,
JACKL INC., d/b/a HONDA OF KIRKLAND,
PRESTIGE FORD,
THOMASON AUTO GROUP NORTH, INC., d/b/a THOMASON
FORD/TOYOTA OF KIRKLAND,
PIONEER FORD, INC.,
GREY CHEVROLET, INC.,
SOUND FORD, INC.,
S & K MOTORS, INC.,
SEVEN MOTORS CORPORATION,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
REMAND ORDER
This case is pending before us pursuant to the civil money penalty provision
of the Fair Labor Standards Act. 29 U.S.C. §216(e) (1994 & Supp. II 1996) (FLSA). The
case involves allegations that Respondents violated the oppressive child labor provisions of the
FLSA when they employed workers between the ages of 16 and 18 in jobs which sometimes
involved driving cars on public streets. See 29 U.S.C. §§203, 212 and 216
(1994 & Supp. II 1996); 29 C.F.R. §570.52 (1998).
On October 31, 1998, the FLSA was amended by the Drive for Teen
Employment Act, Pub. L. 105-334, 112 Stat. 3137. The Acting Administrator, Wage and Hour
Division, has moved to remand this case to the Administrative Law Judge for further proceedings
consistent with that amendment, a portion of which explicitly was made retroactive to pending cases
and which therefore may be applicable to the facts in this case.
For good cause shown, this case is remanded to the Administrative Law Judge
for further proceedings consistent with the Drive for Teen Employment Act.
