DATE: October 22, 1993
CASE No. 91-CLA-84
IN THE MATTER OF:
U.S. DEPARTMENT OF LABOR,
Plaintiff
v.
CITY OF MANCHESTER DEPARTMENT
OF PARKS AND RECREATION,
Respondent
Before: JOAN HUDDY ROSENZWEIG
Administrative Law Judge
DECISION AND ORDER
This matter arises under the child labor provisions of the
Fair Labor Standards Act ("the Act"), 29 U.S.C. § 216(e), and
the regulations issued thereunder at 29 C.F.R. Parts 579 and 580.
This dispute concerns allegations of the U.S. Department of
Labor ("DOL") that Respondent employed minors in violation of the
provisions of section 12 of the Act and the regulations thereunder.
DOL imposed a total monetary penalty of $13,000.00. Respondent
timely filed exception to the penalty. The matter was subsequently
referred to this office for hearing.
The parties have negotiated a settlement of all disputed
claims and have submitted executed consent findings. Under the
terms of the consent findings, DOL has agreed to reduce the penalty
to $7,500.00. Respondent has withdrawn its exception to the civil
money penalty as amended and has agreed to pay $7,500.00 to DOL, in
the manner set forth in the consent findings in full satisfaction
of this case. Respondent certifies that it is presently in
compliance with the provisions of section 12 of the Act, and the
regulations thereunder, and further says that it will continue in
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compliance therewith.
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Having reviewed the administrative file and the consent
findings, I find that the consent findings are appropriate.
Accordingly, IT IS ORDERED that the stipulations, agreements, terms
and conditions contained therein, which are attached hereto, are
ACCEPTED and shall have the same force and effect as if they were
individually and specifically set forth in the body of this order.
Pursuant to 29 C.F.R. § 18.9(d), the attached consent
findings, incorporated herein, shall constitute my findings of fact
and conclusions of law.
________________________
JOAN HUDDY ROSENZWEIG
Administrative Law Judge
Boston, Massachusetts
SERVICE SHEET
Case Name: U.S. Department of Labor v. City of Manchester
Department of Parks and Recreation
Case No. 91-CLA-84
Title of Document: DECISION AND ORDER
This is to certify that a copy of the above-named document was
mailed to the following interested parties on October 22, 1993.
Administrator James L. Valin
Wage and Hour Division Assistant Administrator
U.S. Department of Labor Wage and Hour Division
Room S-3502, FPB U.S. Department of Labor
200 Constitution Ave., N.W. Room S-3502
Washington, DC 20210 200 Constitution Ave., N.W.
ATTN: Karen Keesling Washington, DC 20210
Actg. Administrator
[PAGE 3]
Albert H. Ross, Esq.
Counsel for Trial Litigation Regional Solicitor
Wage and Hour Division Office of the Solicitor
U.S. Department of Labor U.S. Department of Labor
Room N-2716, FPB One Congress St., 11th Flr
200 Constitution Ave., N.W. Boston, MA 02114
Washington, DC 20210
Clement M. Lemire
Gerald S. Zidle, Asst. Dist. Dir. Superintendent
Wage and Hour Division Parks & Recreation Dept.
U.S. Department of Labor, ESA City of Manchester
50 Bridge Street, Room 155 625 Market Street
Manchester, NH 03101 Manchester, NH 03104
Carolyn Kirby, Esq.
Office of the Solicitor
City of Manchester
27 Market Street
Manchester, NH 03101
INTEROFFICE MAIL
________________
Docket LORRAINE NESSAR
Library Legal Technician
