MAILED 6/6/95
Date:
Case No.: 94-CLA-37
In the Matter of:
ROBERT REICH, SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
Plaintiff
v.
R.F. OWENS CO., INC.,
d/b/a TRUCCI S SUPERMARKETS
Respondent
DECISION AND ORDER APPROVING CONSENT FINDINGS
This matter arises under the Fair Labor Standards Act as
amended 29 U.S.C. §201, et seq. ( the Act ).
Respondent was found by Plaintiff to be in violation of the
child labor provisions of Section 12 of the Act. Pursuant to
Section 16(e), of the Act and the regulations issued thereunder at
29 C.F.R. Part 579, a civil money penalty in the amount of
$36,200.00 was assessed by Plaintiff against Respondent, who timely
excepted by letter dated June 8, 1992. This matter was then
referred to the Office of Administrative Law Judges.
Pursuant to 29 C.F.R. §18.9, the parties have negotiated
a settlement in this matter, and submitted Consent Findings which,
inter alia, reduce the assessment of civil money penalties
to $14,000.00. Having reviewed the entire administrative file, I
find that the Consent Findings are appropriate. Accordingly,
IT IS ORDERED that the stipulations, agreements,
terms and conditions contained therein, which are attached hereto,
are ACCEPTED and shall have the same force and effect
as if they were individually and specifically set forth in the body
of this ORDER. Pursuant to 29 C.F.R. §18.b(2),
the attached Cconsent Findings, incorporated herein, shall
constitute my findings of fact and conclusions of law in this
matter.
[PAGE 2]
JOAN HUDDY ROSENZWEIG
District Chief Judge
Boston, Massachusetts
JHR:las
SERVICE SHEET
Case Name: R.F. OWENS CO., INC. d/b/a TRUCCI'S
SUPERMARKETS
Case No.: 94-CLA-37
Title of Document: DECISION AND ORDER APPROVING CONSENT
FINDINGS
A copy of the above document was sent to the following:
Maria Echaveste Brian M. Smith, Esq.
Administrator, Wage & Hour Division Brian M. Smith and
U.S. Department of Labor Associates, P.C.
Employment Standards Administration 1133 East Maple Road
Room S-3502, FPB Suite 202
200 Constitution Ave., NW Troy, MI 48083
Washington, DC 20210
Lawrence J. DeBrincat
Albert H. Ross, Esq. 1133 East Maple Road
Regional Solicitor Troy, MI 48083-2853
U.S. Department of Labor
Office of the Solicitor James P. Trucchi, Treasurer
One Congress Street, 11th Floor R.F. Owens Co., Inc.
Boston, MA 02114 1062 Broadway
ATT: Christine T. Eskilson, Esq. Raynham, MA 02767
Linda Jan Pack
Counsel for Employment Standards
U.S. Department of Labor
Room N-2716, FPB
200 Constitution Ave., N.W.
Washington, D.C. 20210
Joseph W. DiJulia
Assistant District Director
Wage and Hour Division/ESA
[PAGE 3]
U.S. Department of Labor
One Bowdoin Square, Rm. 806
P.O. Box 8668
Boston, MA 02114 INTEROFFICE MAIL
Douglas Davidson
Counsel of Trial Litigation Library
Division of Fair Labor Standards
Office of the Solicitor
U.S. Department of Labor
Room N-2716, FPB LEWIS A. SACKS
200 Constitution Ave., NW Paralegal Specialist
Washington, DC 20210
