DATE:
CASE NO: 93-CLA-0115
In the Matter of
U.S. DEPARTMENT OF LABOR,
Plaintiff
v.
BREHM, INC.,
d/b/a LITTLE CAESARS PIZZA
Respondent
DECISION AND ORDER
This is a proceeding under Section 16(e) of the Fair Labor
Standards Act, as amended (29 U.S.C. §216(e)) (the Act), and
the Regulations issued at 29 C.F.R. Parts 579, 580. The matter
is before me for hearing and final determination of the issues
raised by Respondent's timely exception to the notice of civil
money penalty assessed by the authorized representative of the
Secretary of Labor. A penalty in the amount of $21,300 was
assessed following investigation and inspection of Respondent's
places of business by the Wage and Hour Division, Employment
Standards Administration, United States Department of Labor,
which disclosed the alleged employment of thirty-six (36) minors
in violation of Section 12 of the Act, 29 U.S.C. §212, and
the Regulations at 20 C.F.R. Part 570.
By agreement of the parties, Consent Findings have been
executed and entered into. The document entitled "Consent
Findings" is attached to, and incorporated in this Decision and
Order. The plaintiff, upon further consideration of the assessed
penalty, has modified the notice of penalty dated February 27,
1991, by reducing the assessment of civil money penalties to
[PAGE 2]
$12,000.00. Respondent has withdrawn its exception to the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 consist of
the notice of penalty and Order of Reference, as modified by the
agreement of the parties in the "Consent Findings"; and has
waived all further procedural rights provided in 29 C.F.R.
Section 580.
WHEREFORE, upon consideration of the record in its entirety,
I find that the modified assessment of civil money penalties con-
tained in the "Consent Findings," agreed to by all parties to
this matter, is the final order of the Secretary of Labor.
Date and signed at
this day of ,
1994.
J. MICHAEL O'NEILL
Administrative Law Judge
