Herman v. Longhorn Barbecue, Inc., 96-CLA-28 (ALJ Nov. 14,
1997)
U.S. Department of Labor Office of Administrative Law Judges
50 Fremont Street
Suite 2100
San Francisco, CA 94105
DATE: November 14, 1997
CASE NUMBER: 96-CLA-28
In the Matter of
ALEXIS HERMAN, SECRETARY OF LABOR,
Complainant,
v.
LONGHORN BARBECUE, INC.,
Respondent.
Before: Paul A. Mapes
Administrative Law Judge
DECISION AND ORDER
This matter arises under the child labor provisions of the Fair Labor
Standards Act (the Act), 29 U.S.C. §216(e), and the regulations issued thereunder
at 29 C.F.R. Parts 579 and 580.
This dispute concerns allegations of the U.S. Department of Labor
(DOL) that the Respondent employed three minors in violation of the provisions of section
12 of the Act and the regulations thereunder. DOL imposed a total monetary penalty of
$12,000. The Respondent timely filed exceptions to the penalty. The matter was
subsequently referred to this office for hearing.
The parties have negotiated a settlement of all disputed claims and
have submitted executed consent findings. Under the terms of the consent findings, DOL
has agreed to reduce the penalty to $6,000. In return, the Respondent has withdrawn its
exceptions to the civil money penalty as amended, and has agreed to pay the $6,000 in
full satisfaction of this complaint. As well, the Respondent certifies that it is presently in
compliance with the provisions of section 12 of the Act and the regulations thereunder, and
further certifies that it will continue in compliance therewith. Pursuant to 29 C.F.R.
§18.9, the parties request an order disposing of this proceeding.
Having reviewed the administrative file and the consent findings, 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.
