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Papanicolaou, 94-CLA-34 (ALJ July 15, 1994)

U.S. Department of Labor
Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002

Date Issued:

Case No.: 94-CLA-34

In the Matter of

NICHOLAS PAPANICOLAOU, Individually, and
d/b/a COFFEE GRINDER FAMILY RESTAURANT
    Respondents

Before: JOHN M. VITTONE
    Deputy Chief Judge

DECISION AND ORDER APPROVING
SETTLEMENT AGREEMENT

    This proceeding arises under the Child Labor provisions of the Fair Labor Standards Act, 29 U.S.C. 201, et seq., hereinafter called the Act, and the applicable regulations issued thereunder. Pursuant to §16(e) of the Act, and the applicable regulations issued thereunder (including 29 C.F.R. Parts 579 and 580.

    On April 27, 1993, the Department of Labor (DOL) notified the above-named Respondents of the assessment of a civil money penalty in the amount of $2,000.00 as a result of violations of the overtime provisions of the Act. Respondents' filed a timely exception to the aforementioned assessments. On February 23, 1994, an Order of Reference was filed with this Office.

    On March 4, 1994, this Office issued a Notice of Docketing which required the parties to provide certain information. On March 18, 1994, this Office issued a Notice to the Parties, notifying them that the service sheet pertaining to another proceeding was inadvertently attached to this case. On April 8, 1994, DOL filed for an extension of time to respond to the Prehearing Exchange. On April 13, 1994, this Office granted the extension to and including May 5, 1994.

    On June 13, 1994, the parties filed the Settlement Agreement which is attached hereto and incorporated herein. Pursuant to the terms of the Settlement Agreement, 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 Settlement Agreement, I hereby ORDER that such is APPROVED in full and incorporated herein by reference. The Settlement Agreement shall constitute my findings of fact and conclusions of law and shall constitute full, final and complete adjudication of this proceeding.

      JOHN M. VITTONE
      Deputy Chief Judge

Washington, D.C.
JMV/yw



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