DATE: July 19, 1994
CASE NO. 92-CLA-108
In the Matter of
ROBERT B. REICH, Secretary of Labor
United States Department of Labor
Plaintiff
v.
HAMILTON FOOD CENTER, a Corporation
and DAVID D. KEMPKERS, Individually
Respondents
DECISION AND ORDER
This is a proceeding under Section 16(e) of the Fair Labor
Standards Act, as amended (29 U.S.C. § 216(e)) (hereinafter
the Act), and the Regulations issued at 29 C.F.R. Parts 579, 580.
The matter is before me for hearing and final determination of
the issues raised by Respondent's timely exception to the notice
of civil money penalty assessed by the authorized representative
of the Secretary of Labor. A penalty in the amount of $2450.00
was assessed following investigation and inspection of
Respondent's place of business by the Wage and Hour Division,
Employment Standards Administration, United States Department of
Labor, which disclosed the alleged employment of eight minors in
violation of Section 12 of the Act, 29 U.S.C. § 212, and the
Regulations at 20 C.F.R. Part 570.
By agreement of the parties, consent findings have been
entered into and set forth in a document entitled Consent
Findings fully executed by the parties, a copy of which is
attached hereto and made a part hereof. The plaintiff, upon
further consideration of the assessed penalty, has modified the
notice of penalty by reducing the assessment of civil money
penalties to $500.00. Respondent has withdrawn its exception to
the assessment of the civil money penalty and Order of Reference,
as modified by the agreement of the parties in the Consent
Findings; and has waived all further procedural rights provided
in 29 C.F.R.
WHEREFORE, upon consideration of the record in its
entirety, I find that the modified assessment of civil money
penalties contained in the Consent Findings, agreed to by all
parties to this matter, is the final order of the Secretary of
Labor.
________________________
Rudolf L. Jansen
Administrative Law Judge
