Telephone 609-757-5312
................................
.
In the matter of .
.
U. S. DEPARTMENT OF LABOR, .
.
Plaintiff, . Case No. 93-CLA-79
.
v. .
.
MARSHALTON INN, INC., a .
corporation, and GEORGE A.
MERSHON, JR., individually.
and as president of the .
corporation .
.
.
Respondents, .
.
................................
ORDER
For good cause shown and upon motion of the plaintiff,
unopposed by Respondents, it is hereby ORDERED that the
plaintiff's Motion for Sanctions is GRANTED. It is hereby
determined that the following facts shall be deemed as
established adversely to the respondents:
a. Respondents, Marshalton Inn, Inc. and George A.
Mershon, Jr., individually and as president of the
corporation maintain an office and place of business
located at 1300 W. Strasburg Road, West Chester,
Pennsylvania, where they are engaged in the operation
of a restaurant and bar.
b. Respondents have employed employees in and about
their place of business in the activities of said
enterprises who were engaged in commerce or in the
production of goods for commerce, or handled, sold, or
otherwise worked on goods or materials that have been
moved in or produced for commerce.
[PAGE 2]
c. Respondents have been an enterprise engaged in
commerce or in the production of goods for commerce
within the meaning of Sections 3(s)(2) and 12(c) of
the Act before April 1, 1990 and Sections 3(s)(1)(A)
and 12(c) thereafter.
d. Respondents have had an annual gross volume of
sales made or business done in an amount not less than
$362,000 before April 1, 1990 and not less than
$500,000 per year thereafter.
e. Respondents employed not less than 50 employees in
the business activities of said enterprise.
f. In many workweeks during the period of May, 1989
through May, 1991, respondents employed the individuals
named in the Notices to Employer (forms WH-103),
Exhibits A-1 through A-3, attached hereto, in commerce
or in the production of goods for commerce within the
meaning of the Act.
g. The Notices to Employer (Forms WH-103), marked as
Exhibits A-1 through A-3, attached hereto, as to each
individual named thereon, accurately reflect:
a) the establishment at which said
individual was employed;
b) the period of employment; and
c) the age of said individual.
g. In many workweeks during the period between May,
1989 through May, 1991, respondents employed the
individuals identified as employed in violation of
Child Labor Regulations for 3 hours as noted on
Exhibits A-1 through A-3, attached hereto, contrary to
the hours standards found in the applicable regulations
at 29 C.F.R. §570.35.
RALPH A. ROMANO
Administrative Law Judge
[PAGE 3]
Dated: September 19, 1994
Camden, New Jersey
SERVICE SHEET
Case Name: U. S. Dept. of Labor v. Marshalton Inn and
George A. Mershon, Jr.
Case No: 93-CLA-79
Title of Document: ORDER
I certify that a copy of the above document was sent to the
following:
Linda Wallace
Legal Technician
DATED:
Linda Jan Pack Theodore Rogers, Jr.
Counsel for Employment Standards U. S. Dept. of Labor
U. S. Department of Labor Wage & Hour Division
Office of the Solicitor Rm. 402 - Customs House
Room N-2716, FPB 2nd & Chestnut Sts.
200 Constitution Ave.,N.W. Philadelphia, PA 19106
Washington, DC 20210
Office of the Solicitor George A. Mershon,President
Associate Solicitor for Fair Marshalton Inn, Inc.
Labor Standards 1300 W. Strasburg Rd.
U.S. Department of Labor West Chester, PA 19380
Room N-2101
200 Constitution Ave.,N.W. Monica Gallagher
Washington, DC 20210 Associate Solicitor
U. S. Department of Labor
Administrator, Wage & Hour Div. 200 Constitution Ave., NW
U. S. Dept. of Labor Room N-2716
Room S-3502 Washington, DC 20210
200 Constitution Ave., N.W.
[PAGE 4]
Washington, DC 20210
Marshall H. Harris
Regional Solicitor
U. S. Department of Labor
Office of the Solicitor
3535 Market St.
Philadelphia, PA 19104
Attn: Nancy Koppelman, Esq.
