mailed 5/2/94
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In the Matter of: *
*
Robert B. Reich *
Secretary of Labor, United States * Case No.: 92-CLA-163
Department of Labor *
Plaintiff *
*
vs. *
*
STANLEY POKRYWKA, d/b/a Hillside Market*
Respondent *
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DECISION AND ORDER APPROVING CONSENT FINDINGSI.
By notice dated July 21, 1992 pursuant to Section 16(e) of the
Fair Labor Standards Act, as amended (29 U.S.C. 216(e)), and in
accordance with 29 CFR Part 579, a civil money penalty in the
amount of $20,475.00 was assessed by Plaintiff against Respondent
as a result of employment of six (6) minors in violation of the
child labor provisions of Section 12 of the Act (29 U.S.C. 212 and
regulations issued thereunder (29 CFR Part 570).
II.
By letter dated August 5, 1992 Respondent filed a timely
exception to the assessed civil money penalty pursuant to 29 U.S.C.
216(e) and 29 CFR Part 580.6.
III.
Subsequent to the filing of the exceptions, the Administrator
of the Wage and Hour Division, United States Department of Labor,
by Order of Reference, referred this case to the Chief
Administrative Law Judge, pursuant to 29 CFR 580.10.
[PAGE 2]
IV.
Plaintiff alleges and Respondent admits that at all times
pertinent hereto it has been an enterprise engaged in commerce or
in the production of goods for commerce within the meaning of
Section 3(r) and 3(s)(2) (prior to November 11, 1977, Section
3(s)(1)) of the Fair Labor Standards Act of 1938, as amended (29
USC 203(r) and 203(s)(2)).
V.
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 CFR Part 570, and, further says, that it will continue in
compliance therewith.
VI.
Upon reconsideration of the amount of penalties assessed for
six (6) of the minors in this cause, Plaintiff does hereby modify
the notice of penalty of $20,475.00 by reducing the assessment of
civil money penalties to $8,000.00.
VII.
Respondent hereby withdraws its exception to the assessment of
civil money penalties, agrees to accept the modified penalties as
final and binding, and has tendered payment of $2,500.00 to
Plaintiff. Respondent shall pay the remainder of the $8,000.00
modified penalty in installments in accordance with the following
payment schedule:
June 15, 1994 ,100.00
September 15, 1994 ,100.00
December 15, 1994 ,100.00
March 15, 1995 ,100.00
June 15, 1995 ,100.00
Each installment payment shall be by certified check made payable
to "Wage and Hour Division - Labor", and shall be sent to George A.
Rioux, U.S. Department of Labor, Wage and Hour Division, Portland
[PAGE 3]
District Office, 66 Pearl Street, Room 210, Portland, Maine, 04101.
Respondent shall not fail to deliver the amounts of each
installment payment or before the date it is due, and in the event
of such failure, the entire balance of the original penalty of $20,
475.00 shall immediately become due and owing.
VIII.
Any order entered in accordance with these consent findings
shall, pursuant to 29 CFR 18.9(b)(1), have the same force and
effect as an order made after full hearing.
IX.
The entire record upon which any final order may be based
shall, pursuant to 29 CFR 18.9(b)(2), consist of the notice of
penalty, as modified herein, and these consent findings.
X.
The signing of these Consent Findings waives any claim either
party has to costs and/or attorney fees.
All further procedural rights provided by 29 CFR Part 580, and
any rights to contest and the validity of these consent findings or
any order issued pursuant hereto are hereby waived. See, 29
CFR 18.9(b)(3) and (4).
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
APPR0VED pursuant to the provisions of 20 CFR Part 18.9.
_______________________________
DAVID W. DI NARDI[PAGE 4]
Administrative Law Judge
Dated:
Boston, Massachusetts
DWD:las
SERVICE SHEET
Case Name: Hillside Market
Case No.: 92-CLA-163
Title of Document: Decision and Order Approving Consent
Findings
A copy of the above document was sent to the following:
Linda Jan Pack
Counsel for Employment Standards
Office of the Solicitor
Room N-2716, FPB
200 Constitution Ave., NW
Washington, DC 20210
Administrator, Wage & Hour Division
U.S. Department of Labor
Employment Standards Administration
Room S-3502, FPB
200 Constitution Ave., NW
Washington, DC 20210
Albert H. Ross,Esq.
Office of the Regional Solicitor
U.S. Department of Labor
One Congress St., 11th Floor
Boston, MA 02114
ATTN: James Glickman, Esq.
Deputy Associate Solicitor
Fair Labor Standards
U.S. Department of Labor
[PAGE 5]
Room N-2716
200 Constitution Ave., NW
Washington, DC 20210
John L. McKeon INTEROFFICE MAIL
Assistant District Director
U.S. Department of Labor Docket- Reporter
Wage & Hour Division PJ-Andrea Thomas
66 Pearl Street, Rm. #211
Portland, ME 04112 _______________________
LEWIS A. SACKS
Mr. Stanley Pokrywka Lead Legal Tech
dba Hillside Market Supervisor Legal Tech
71 Main Street
Milo, ME 04463
