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Florida Department of Labor and Employment Security v. USDOL, 93-JTP-2 (ARB Feb. 5, 1997)

U.S. Department of Labor
Administrative Review Board
200 Constitution Ave, NW
Washington, DC 20210

ARB Case No. 96-134
ALJ Case No. 93-JTP-2
ALJ Case No. 93-JTP-2

Date: February 5, 1997

In the Matter of:

STATE OF FLORIDA, DEPARTMENT OF
LABOR AND EMPLOYMENT SECURITY,
   COMPLAINANT,

    v.

UNITED STATES DEPARTMENT OF LABOR,
   RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER GRANTING STAY

    The State of Florida, Department of Labor and Employment Security (State) has requested a stay of the implementation of the final decision in this case, whereby the State is ordered to pay a sum of money to the U.S. Department of Labor (USDOL), pending direct review of that decision by the United States Court of Appeals for the Eleventh Circuit.

    Upon consideration of the request, it is ORDERED that--

    1. Implementation of the final decision is STAYED pending review by the United States Court of Appeals for the Eleventh Circuit; and that

    2. The stay IS CONDITIONED UPON submission by the State to USDOL, within 30 days of the issuance of this Order, a written agreement by the State that, within 30 days after a decision by the court of appeals, or any further appeal, favorable to the USDOL has become final, the State shall pay the principal amount determined to be owed and any interest which has


[Page 2]

accrued as a delayed payment during the pendency of the court's review, pursuant to 29 C.F.R. §§ 20.50 et seq. (1996).

    SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member



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