mailed 4/9/94
Date:
Case No.: 92-CLA-89
In the Matter of:
MARIA ECHAVESTE, ADMINISTRATOR
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
Plaintiff
v.
LOS INDIOS, INC., Doing Business as
ALAMOS VERDES RESTAURANTE, a Colorado
Corporation,
Respondent
DECISION AND ORDER APPROVING CONSENT FINDINGS
The parties, pursuant to 29 C.F.R. § 18.9, (made
applicable to these proceedings by virtue of 29 C.F.R. §
580.7(a)), hereby agree to the following consent findings:
1. By notice dated July 19, 1990, pursuant to Section 16(e)
of the Fair Labor Standards Act, as amended (29 U.S.C. §
216(e)) (hereinafter "the Act"), and in accordance with 29 C.F.R.
Part 579, civil penalties in the amount of $32,020.00 were assessed
by Plaintiff against Respondent as a result of the employment of
several minors in violation of the child labor provisions of
Section 12 of the Act (29 U.S.C. § 212) and the regulations
issued thereunder (29 C.F.R. Part 570).
2. By letter dated July 31, 1990, Respondent filed a timely
exception to the assessed civil money penalties pursuant to 29
U.S.C. § 216(e) and 29 C.F.R. Part 580.6.
3. Subsequent to the filing of the exception, the Regional
Solicitor, by Order of Reference, referred this case to the Chief
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Administrative Law Judge, pursuant to 29 C.F.R. 580.10.
4. Plaintiff alleges and Respondent admits that at all times
pertinent hereto Respondent has been an enterprise engaged in
commerce or in the production of goods for commerce within the
meaning of Sections 3(r) and 3(s) of the Act.
5. Respondent certifies that it is presently in compliance
with the provisions of Section 12 of the Fair Labor Standards Act
of 1938, as amended (29 U.S.C. § 212), and the regulations set
forth at 29 C.F.R. Parts 570 and 579 and, further states, that it
will continue in compliance herewith.
6. Upon reconsideration of the amount of penalties assessed
for employment of many minors in this case, Plaintiff hereby
modifies the letter assessing the penalties of $32,020.00 by
reducing the assessment of civil money penalties to $14,500.00.
7. Respondent hereby withdraws any and all exceptions to the
assessment of civil money penalties, as amended by these Consent
Findings, and agrees that said amended penalties shall be the final
determination of the Secretary.
8. Respondent agrees to pay the reduced penalties in the
following manner. On the first day of each month, beginning on
April 1, 1994, and ending on September 1, 1996, Respondent will
remit a check in the amount of $500.00 made payable to the U.S.
Dept. of Labor, and mail it to the U.S. Dept. of Labor, Wage-Hour
Division, 1801 California, Suite 930, Denver, CO 80202-2614.
Respondent understands that if an installment payment is later
(received after the tenth day of the month) the total amount
remaining due will become payable immediately.
9. Pursuant to 29 C.F.R. § 8.9(b)(2), the entire record
upon which these Consent Findings and Order are based consists
solely of the letter assessing the penalties, as modified herein,
the Order of Reference, and these Consent Findings.
10. All further procedural steps before the Administrative
Law Judge and any rights to challenge or contest the validity of
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these Consent Findings or any Order issued pursuant thereto are
hereby waived.
11. Each party hereby agrees to bear its own fees, costs, and
other expenses incurred by such party in connection with any stage
of this proceeding.
12. It is further agreed that the Order in this case shall
have the same force and effect as an order made after full hearing.
This Administrative Law Judge, having reviewed the Consent
Findings, concludes that this settlement is in the best interests
of all of the parties and it is therefore ORDERED that the
settlement agreement shall be, and the same hereby is
APPROVED pursuant to the provisions of 29 CFR § 6.32.
___________________________
DAVID W. DI NARDI
Administrative Law Judge
Dated:
Boston, Massachusetts
DWD:las
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SERVICE SHEET
Case Name: Los Indios, Inc. d/b/a Alamos Verdes Restaurant
Case No.: 92-CLA-89
Title of Document: Decision and Order Approving Consent
Findings
A copy of the above document was sent to the following:
Tedrich Housh, Jr., Reg. Solicitor
Office of the Solicitor
U.S. Department of Labor
1999 Broadway, Suite 1600
Denver, CO 80202
Attn: Katherine Vigil, Esq.
Paul Martinez, on behalf of
Los Indios Inc., dba
Alamos Verdes Restaurante
5304 Vance Street
Arvada, CO 80002
[PAGE 5]
Lynne L. Hicks, Esq.
Donald P. MacDonald, Esq.
1600 Broadway, Suite 1600
Denver, CO 80202-4696
Office of the Solicitor
Associate Solicitor for
Fair Labor Standardes
U.S. Department of Labor
Room N-2716
200 Constitution Ave., NW
Washington, DC 20210
Maria Echaveste, Administrator
Wage & Hour Division
U.S. Department of Labor
Room S-3502, FPB
200 Constitution Ave., NW
Washington, DC 20210
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