Ben H. Graves, d/b/a Ben's Home
Center, 98-SCA-6 (ALJ Dec. 17, 1997)
UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, NW, SUITE 400N
WASHINGTON, DC 20001-8002
Date: December 17, 1997
Case No.: 98-SCA-6
In the Matter of:
BEN H. GRAVES, an individual,
d/b/a BEN'S HOME CENTER Respondent.
ORDER OF DISMISSAL
On December 9, 1997, this Office mistakenly docketed the above-captioned case as arising under the McNamara-O'Hara Service Contract Act ("Act"),
41 U.S.C. § 351, and the implementing regulations at 29 C.F.R. Parts 4, 6. After further
consideration and review of the file, it is clear that this matter arises under the Fair Labor
Standards Act, 29 U.S.C. § 201 et seq.
On December 3, 1997, Respondent filed an appeal to the Summary of
Unpaid Wages as issued by the Department of Labor, Employment Standards
Administration (a copy of which is affixed). Generally, in such cases, the Associate Solicitor for
Fair Labor Standards or a Regional Solicitor institutes enforcement proceedings by issuing and
serving a complaint on the Respondent. 29 C.F.R. § 6.15(a). The complaint
must contain a clear and concise factual statement sufficient to inform the Respondent of the
violations of the Act. 29 C.F.R. § 6.15(b).
Respondent must answer the complaint within 30 days after service. 29
C.F.R. § 6.16(a). The answer must contain a statement of the facts which constitute the
grounds for defense and shall specifically admit, explain, or deny any or all of the allegations of
the complaint unless the Respondent is without knowledge, in which case the answer shall so
state, or state that the Respondent admits all the allegations of the complaint. 29 C.F.R. §
6.16(b). Failure to file an answer shall constitute grounds for waiver of hearing and entry of a
default judgment unless the respondent shows good cause for his failure to file. 29 C.F.R.
§ 6.16(c); see also 29 C.F.R. § 18.6(d)(2)(v).
It appears from the information presently before this Office that the
investigatory process has not yet concluded, and that Respondent's request for a hearing is
premature. Accordingly, the parties are directed to file a statement of points on the ripeness of
this matter for adjudication by this Office. Such statements shall be filed in time to reach this
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Office within five (5) days from the above date, on or before the close of business
(5:00 p.m. EST). Prior permission to file by facsimile (202) 565-5325) is granted pursuant to 29
C.F.R. § 18.3(f)(1).
