Dennis Foods, Inc., 94-CLA-15 (ALJ Sept. 16, 1994)
U.S. Department of Labor Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002
Dated:
Case No.: 94-CLA-15
In the Matter of
DENNIS FOODS, INC. d/b/a LOGANSPORT SUPER VALU FOODS Respondent
Before: JOHN M. VITTONE
Deputy Chief Judge
DECISION AND ORDER APPROVING CONSENT FINDINGS
This proceeding arises under §16(e) under
the Fair Labor Standards Act of 1938, as amended, (29 U.S.C.
§216(e)) and the regulations issued pursuant thereto at 29
C.F.R. Parts 579 and 580.
On April 22, 1993, the Department of Labor
(DOL) notified the above-named Respondent of the assessment of a
civil money penalty in the amount of $5,800.00. Respondent filed
a timely exception to the aforementioned assessment. On November
2, 1993, an Order of Reference was filed with this Office.
On December 2, 1993, this Office issued a
Notice of Docketing which required the parties to provide certain
information. DOL nor the Respondent filed a response to the
Notice of Docketing. On April 13, 1994, this Office issued an
Order to Show Cause. On May 5, 1994, the Respondent filed a
response to the Order to Show Cause, explaining why they had not
received the Notice of Docketing and requested a stay of the
April 13, 1994 Order. On June 16, 1994, this Office issued an
Order granting the Respondent the stay and enclosed a copy of the
Notice of Docketing.
On August 30, 1994, the parties filed the
Consent Findings which are attached hereto and incorporated
herein. Pursuant to the terms of the Consent Findings, the
parties agree that such constitutes full and complete settlement
of all issues in the above-captioned matter.
ORDER
Upon consideration of the record and the
Consent Findings, I hereby ORDER that such is APPROVED in full
and incorporated herein by reference. The Consent Findings shall
constitute my findings of fact and conclusions of law and shall
constitute full, final and complete adjudication of this
proceeding.
