USDOL v. CJ'S Country Market & Pizza Pro, 2001-CLA-24 (ALJ Sept. 20, 2001)
U.S. Department of
Labor
Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002
Date Issued: September 20, 2001
Case Number: 2001-CLA-0024
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In the Matter of
U. S. DEPARTMENT OF LABOR
Plaintiff
v.
ED HUDSON, JANICE HUDSON, d/b/a
CJ'S COUNTRY MARKET & PIZZA PRO
Respondents
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ORDER
This case arises under the child labor provisions of the Fair Labor Standards Act as amended (FLSA), 29 U.S.C. § 216(e), and the applicable regulations issued at 29 C.F.R. Parts 579 & 580.
On November 10, 1997, the Department of Labor (DOL) notified Respondents of a civil money penalty in the amount of $35,175.00 for violations of the above-mentioned Act and regulations. Respondents filed an exception to the determination on November 20, 1997. DOL filed an Order of Reference in this Office on January 23, 2001. On March 8, 2001, this Office issued a Notice of Docketing and Pre-Hearing Exchange which required both parties to file certain information regarding this matter. DOL filed a response to the Pre-Hearing Exchange on April 4, 2001. On May 4, 2001 and July 2, 2001, this Office issued Orders to Respondents to Show Cause why a default judgment should not be entered in this matter. Respondents failed to file a response to the Pre-Hearing Order or the Orders to Show Cause. This Office issued a Decision and Order of Default Judgment on August 23, 2001. Respondent Ed Hudson contacted this Office on August 30, 2001 and stated that he sent a response to the Show Cause Order. Upon review, it was determined that the response had been sent to the DOL Office of the Solicitor in Dallas, Texas.
Accordingly, it is ORDERED that the Decision and Order of Default Judgment issued August 23, 2001 be VACATED. Since both parties have met the requirements of the Pre-Hearing Order, this matter will be assigned to an administrative law judge to schedule a hearing.
