U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date: October 19, 1995
Case No. 94-CLA-69
In the Matter of
ROBERT B. REICH,
SECRETARY OF LABOR, UNITED STATES
DEPARTMENT OF LABOR,
Plaintiff
v.
ROCKE'S MEATING HAUS, INC.
and JONATHAN ROCKE, an individual,
Respondents
DECISION AND ORDER
APPROVING CONSENT FINDINGS
This proceeding arises under the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. §201, et
seq.), hereinafter the Act, and its implementing regulations at
29 C.F.R. Parts 578 and 580. This matter comes on for consideration of an administrative determination by the Administrator of
the Wage and Hour Division, issued on July 14, 1993, imposing a
civil money penalty upon the Respondents in the amount of
$27,800.00 as a result of the employment of eight (8) minors in
violation of the child labor provisions of Section 12 of the Act
(29 U.S.C. §212) and regulations issued thereunder (29 C.F.R.
Part 570).
On October 3, 1995, the parties submitted
Consent Findings for approval by the undersigned, attached hereto
and made a part hereof. I have reviewed the agreement of the
parties and I enter the following findings:
1. The agreement appears to be fair and reasonable on its
face and it further appears that it effectuates the
purposes and policies of the statute under which it
arises;
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2. This Decision and Order shall have the same force and
effect as one made after a full hearing on the merits;
3. The entire record on which this Decision and Order is
based consists solely of the Order of Reference and the
Agreement between the parties; and,
4. The parties are hereby deemed to waive any further
procedural steps before the undersigned or the Secretary
of Labor, as appropriate, regarding the matters which are
the subject of their Agreement.
Based on the foregoing, IT IS ORDERED that:
1. The Consent Findings are hereby approved;
2. The imposition of the civil money penalty of $6,500.00 is
hereby affirmed; and, that withdrawal of Respondent's
exception is approved;
3. That Respondent shall pay such money penalty is accor-
dance with the terms agreed upon in the Consent Findings;
and,
4. In accordance with applicable regulations at 29 C.F.R.
§580.12, this constitutes the FINAL ORDER of the
Administrator.
