U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
DATE: December 19, 1994
CASE NO.: 93-CLA-00088
In the Matter of
ROBERT B. REICH, Secretary of the
U.S. DEPARTMENT OF LABOR
Plaintiff
against
ARTISTIC LAND DEVELOPMENT, INC.,
d/b/a BEECHMONT ROLLARAMA, FUN
FACTORY AND CASTLE SKATELAND
Respondent
BEFORE: Richard E. Huddleston
Administrative Law Judge
DECISION AND ORDER
This proceeding is before the undersigned Administrative Law Judge pursuant to
§ 16(e) of the Fair Labor Standards Act, as amended (29 U.S.C. § 216(e)),
hereinafter called the Act, and Parts 579 and 580 of the regulations issued thereunder (29
C.F.R. Parts 579, 580), for hearing and final determination of the issues raised by Respondent
Artistic Land Development, Inc. s timely exception to the notice of civil money penalty
assessed by the authorized representative of the Plaintiff, Secretary of Labor, U.S. Department
of Labor. Said penalty, in the amount of $25,600.00, was assessed following investigation
and inspection of the Respondent s places of business by the Wage and Hour Division,
Employment Standards Administration, United States Department of Labor. It is the
Plaintiff s contention that the investigation and inspection disclosed the employment of minors
in violation of § 12 of the Act and the regulations issued thereunder, all to which the
Respondent takes exception.
By agreement of the parties, consent findings have been duly executed and entered
into, and are set forth in a document entitled Stipulation, a copy of which is attached hereto
and made a part hereof. As set forth therein, the Plaintiff, upon further consideration of the
assessed penalty, has modified the notice of penalty dated September 8, 1994, by reducing the
assessment of civil money penalties of $7,500.00. The Respondent has withdrawn its
exception to the assessment of the civil money penalty, has agreed that the entire record upon
which any final order may be based shall, pursuant to 29 C.F.R. § 580.18(b)(2), consist
of the notice of penalty, as modified by the agreement of the parties in the Stipulation, and
has waived all further procedural rights as provided in 29 C.F.R. § 580.
[PAGE 2]
WHEREFORE, upon consideration of the record in its entirety, I hereby find that the
modified assessment of civil money penalties contained in the Stipulation and agreed to by
all parties to this matter is the final order of the Secretary of Labor.
Issued this the _____ day of December, 1994, at Cincinnati, Ohio.
______________________________
Richard E. Huddleston
Administrative Law Judge
Attachment (1)
