DATE: NOVEMBER 16, 1994
Case No. 94-CLA-50
ROBERT B. REICH, Secretary of Labor,
United States Department of Labor
Plaintiff
v.
HANNAH EL-BAYEH, individually and doing business
as LITTLE CAESAR'S PIZZA
Respondents
Before: GEORGE P. MORIN
Administrative Law Judge
DECISION AND ORDER
This matter arises under Section 16(e) of the Fair Labor
Standards Act ("the Act"), as amended, 29 U.S.C. §216(e),
and the regulations issued thereunder at 29 C.F.R. Parts 579 and
580.
On December 3, 1993 and again on December 21, 1993, the
Respondents named in the caption hereof were notified by the
United States Department of Labor (DOL) that a civil money
penalty in the amount of $19,100.00 had been assessed against
them for violations of the child labor provisions of the Act.
The Respondents timely excepted to this assessment and requested
a hearing before the Office of Administrative Law Judges. On
April 13, 1994, the DOL filed an Order of Reference with this
office.
On June 6, 1994, Deputy Chief Judge John M. Vittone, of the
Office of Administrative Law Judges, issued a Notice of Docketing
which required the parties to exchange certain information with
each other and the Office of Administrative Law Judges within
thirty days.
On September 22, 1994, in settlement of the case, the
parties submitted Consent Findings, a copy of which is attached
hereto and made a part hereof, along with a proposed Decision and
Order. Under the terms of the Consent Findings, the DOL has
agreed to reduce the amount of the civil money penalty by the sum
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of $8,950.00 to the new amount of $10,150.00. Respondents have
agreed to withdraw their exception to the civil penalty as
amended; have agreed to pay the $10,150.00 penalty in ten
consecutive monthly payments, each in the amount of ,015.00, in
full satisfaction of the matter; and have agreed that the entire
record upon which any final order shall be based shall, pursuant
to 29 C.F.R. §580.18(b)(2), consist of the notice of
penalty, as modified by the agreement of the parties in the
Consent Findings, and have waived all further procedural rights
as provided in that section. Respondents state that they are now
and will continue to remain in compliance with the provisions of
Section 12 of the Act and the regulations thereunder.
WHEREFORE, upon consideration of the record in its entirety,
I hereby 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.
