Date Issued: October 16, 1996

Case No.: 96-CLA-32

In the Matter of

LEWIS MECHANICAL AND METALWORKS, INC.,
    Respondent

Before: JOHN M. VITTONE
    Chief Administrative Law Judge

    This case arises under the Fair Labor Standards Act of 1938 (FLSA), as amended 29 U.S.C. § 216(e) et seq. and the regulations at 29 C.F.R. Parts 579 and 580.

    By notice dated September 21, 1993, the Wage and Hour Division of the United States Department of Labor (DOL) notified Lewis Mechanical and Metalworks, Inc. (Respondent) of an assessment of a civil money penalty ($8,600). DOL alleges that Respondent violated the child labor provisions of Section 12 of FLSA and the regulations thereunder. Respondent filed a timely exception to the assessment. Subsequently, DOL filed an Order of Reference with this Office.

    DOL and Respondent have negotiated a settlement of all disputed claims and submitted an excuted Stipulation. Pursuant to 29 C.F.R. § 500.232, the parties request review of the Stipulation and an order disposing of this proceeding. DOL has agreed to amend the total civil money penalty by reducing the assessment to $3,000. Respondent has agreed to pay the amended civil money penalty. Admitting some of the violations alleged by DOL, Respondent has agreed to withdraw its exception. Respondent states that it is now in compliance and will continue in compliance.

    Upon review of the record, the Stipulation is APPROVED. This agreement constitutes full and final resolution of this matter. It is ORDERED that:

1) this order shall have the same force and effect as an order made after full hearing;

2) the entire record upon which this Order is based shall consist solely of the amended notice of administrative determination and this agreement;

3) any further procedural steps before this Office are waived; and

4) any rights to challenge or contest the validity of this order entered into in accordance with this agreement are waived.

      JOHN M. VITTONE
      Chief Administrative Law Judge

Washington, DC
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