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Herman v. Village Pizzeria, Inc., 96-CLA-15 (ALJ Oct. 3, 1997)

U.S. Department of Labor
Office of Administrative Law Judges
50 Fremont Street
Suite 2100
San Francisco, CA 94105

Date: October 3, 1997

Case No. 96-CLA-15

In the Matter of:

ALEXIS M. HERMAN, SECRETARY OF LABOR,
U. S. DEPARTMENT OF LABOR,
   Complainant

    v.

VILLAGE PIZZERIA, INC.
   Respondent

Before: ALFRED LINDEMAN
    Administrative Law Judge

DECISION AND ORDER

   This case arises under the Child Labor provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. §216(e), 29 C.F.R. Parts 18, 570 and 579-580. A hearing having been duly noticed for November 4, 1997, on September 8, 1997, the parties filed executed "Consent Findings" pursuant to which they agree, inter alia, that Complainant modifies the notice of penalty of March 10, 1995, by reducing the assessment of civil money penalty to $3,500.00, and that Respondent withdraws its exception to the assessment and is to pay said modified penalty in twelve months, with the first installment of $292.00 due September 1, 1997, and each subsequent installment due the first of each month thereafter. The Consent Findings are hereby accepted and incorporated herein by reference; the hearing scheduled for November 4, 1997, is canceled; and the matter is DISMISSED. 29 C.F.R. §§18.9, 580.18.

       ALFRED LINDEMAN
       Administrative Law Judge

San Francisco, California
AL:ms



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