USDOL v. Butler Country Club, Inc., 1999-CLA-9 (ALJ Jan. 6, 1999)
U.S. Department of
Labor
Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220
(412) 644-5754 (412) 644-5005 (FAX)
DATE: 1/6/99
CASE NO.: 1999-CLA-9
In the Matter of
ADMINISTRATOR,
WAGE AND HOUR DIVISION,
UNITED STATES DEPARTMENT OF LABOR,
Plaintiff
v.
BUTLER COUNTRY CLUB, INC.,
Respondent
DECISION AND ORDER
FINDINGS OF FACT & CONCLUSIONS OF LAW
1. Jurisdiction of this action is conferred by sections 12(c) and 16(e) of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq., (hereinafter the "Act") and 29 C.F.R. Parts 570, 579, and 580.
2. Respondent, Butler Country Club, Inc., has been an enterprise within the meaning of the Act at all times hereinafter mentioned.
3. Respondent, Butler Country Club, Inc., at all times has been an enterprise engaged in commerce within the meaning of Section 3 (s)(1)(A) of the Act, as amended, 103 Stat. 938, Pub. L. 101-157, November 17, 1989.
4. Plaintiff, the Administrator, Wage and Hour Division, United States Department of Labor, alleged that the respondent had employed minors under the age of sixteen, in violation of the provisions of section 12 of the Act and the regulations thereunder, specifically 29 C.F.R. § 570.35 and 20 C.F.R. 570.33, and that the respondent had employed minors under the age of eighteen in violation of 29 C.F.R. § 570.62.
5. A civil monetary penalty was assessed against the respondent pursuant to Section 16(e) of the Act and in accordance with 29 C.F.R. Parts 570, 579, and 580. The respondent took timely exception to the assessed civil monetary penalty pursuant to 29 C.F.R. § 580.6.
[Page 2]
6. Pursuant to the provisions of 29 C.F.R §§ 18.9 and 579.5, the plaintiff further considered the penalty and reduced the assessed penalty to $8,100.00.
7. The respondent has agreed to pay the $8,100.00 penalty and withdraw its exception to the modified assessed civil penalty.
8. The respondent states it has and will continue to remain in compliance with the provisions of section 12 of the Act and regulations thereunder.
9. The parties agree that an Order disposing of this proceeding shall have the same force and effect as an order made after a full hearing (29 C.F.R. § 18.9 (b)(1)).
10. The entire record upon which this Final Order is based consists solely of the notice of penalty and the attached Consent Findings and Order (29 C.F.R. § 18.9 (2)).
11. The parties have agreed to waive any further procedural steps before any Administrative Law Judge (29 C.F.R. § 18.9 (b)(3)).
12. The parties have waived any right to challenge or contest the validity of the Consent Findings and any Order entered into in accordance with the agreement (29 C.F.R. § 18.9 (b)(4)).
13. Each party has agreed to bear its own fees, costs and other expenses incurred by such party in connection with any stage of the proceeding, including any such fees or costs which may be available under the Equal Access to Justice Act, as amended..
14. Considering the factors enumerated in 29 C.F.R. § 579.5, the amount of the penalty is appropriate.
15. The form and substance of the Consent Findings and Order are satisfactory (29 C.F.R. § 18.9 (d)).
ORDER
The hearing scheduled for April 12 through 16, 1999 in Pittsburgh, Pennsylvania is canceled and it is Ordered that the respondent shall promptly remit the penalty, in the amount of $8,100.00, to the Secretary of Labor, by certified check or cashiers check made payable to the Wage Hour Division-Labor as agreed in the Consent Findings and Order. This is the final order of the Department of Labor.
