93cl040a.htm

__________________________________
                                  )  
In the Matter of:                 ) 
                                  )
U. S. DEPARTMENT OF LABOR         )       Date Issued:
                                  )       November 15, 1993
                 Plaintiff        )
                                  )       Case No. 93-CLA-40
v.                                )
                                  )
BAILEY'S BASIN SEAFOOD, INC.      )
& NOLTON A. BAILEY, JR.           )
                                  )
                 Respondent       )
__________________________________)

Before:  LEE J. ROMERO, JR.
         Administrative Law Judge

                         DECISION AND ORDER

     This matter arises under the child labor provisions of the
Fair Labor Standards Act (the Act), 29 U.S.C. § 216(e), and
the regulations issued thereunder at 29 C.F.R. Parts 579 and 580.

     This dispute concerns allegations of the United States
Department of Labor (DOL) that Respondent violated the provisions
of Section 12 of the Act and the regulations thereunder.  DOL
imposed a total monetary penalty of $7,150.00.  Respondent timely
filed exception to the penalty.  By Order of Reference, this matter
was subsequently referred to the Office of Administrative Law
Judges.  

     The parties have negotiated a compromise of all disputed
claims and have submitted executed consent findings.  Under the
terms of the consent findings, DOL has agreed to reduce the penalty
to $2,500.00.  Respondent has withdrawn its exception to the
penalty imposed and has agreed to pay the $2,500.00 penalty, and
has in fact tendered the sum of $625.00 to DOL, Wage and Hour
Division leaving a total balance of ,875.00.  Respondent has 
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further agreed to pay the remaining balance in six (6) monthly
installments of $312.50 beginning December 1, 1993 until the full
amount is paid.  Pursuant to 29 C.F.R. § 18.9, the parties
request an order disposing of this proceeding.

     Having reviewed the administrative file and the consent
findings, I find that the consent findings are appropriate. 
Accordingly, 

     IT IS ORDERED that the stipulations, agreements,
terms and conditions contained in the consent findings, which are
attached hereto and made a part hereof by incorporation, are
ACCEPTED and shall have the same force and effect as if they
were individually 
and specifically set forth in the body of this order.

     IT IS FURTHER ORDERED that this matter is
DISMISSED. 

     ORDERED this 15th day of November, 1993, at Metairie,
Louisiana.



                                  ___________________________
                                    LEE J. ROMERO, JR.
                                    Administrative Law Judge