USDOL v. CJ'S Country Market & Pizza Pro, 2001-CLA-24 (ALJ Aug. 23, 2001)
U.S. Department of
Labor
Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002
Date Issued: August 23, 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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DECISION AND ORDER OF DEFAULT JUDGMENT
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. To date, Respondents have failed to file a response to the Pre-Hearing Order or the Orders to Show Cause.
Accordingly, it is ORDERED that Respondents request for a hearing be DISMISSED and a judgment by default be entered in this matter. The material facts as alleged in the Order of Reference are hereby adopted as my finding of fact, and Respondents are ORDERED to pay a civil money penalty of $35,175.00 for violations of the above-mentioned Act and regulations.
