USDOL v. Noble Roman's Inc., 1999-CLA-24 (ALJ Dec. 3, 1999)

U.S. Department of Labor

Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Date: December 3, 1999

Case No.: 1999-CLA-24

In the Matter of

ADMINISTRATOR, WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
   Complainant

NOBLE ROMAN'S INC. d/b/a NOBLE ROMAN'S PIZZA
GNR, INC. d/b/a NOBLE ROMAN'S PIZZA, and
WHICKER INVESTMENTS, d/b/a/ NOBLE ROMAN'S PIZZA
   Respondents

       Pursuant to Section 16(e) of the Fair Labor Standards Act, as amended (29 U.S.C. § 216(e), hereinafter "the Act"), and in accordance with 29 C.F.R. Part 579, a civil money penalty in the amount of $64,625.00 was assessed against the Respondents, Noble Roman's, Inc., GNR, Inc., and Whicker Investments, all doing business as Noble Roman's Pizza, as a result of the employment of fifty (50) miners in violation of the child labor provisions of Section 12 of the Act and regulations issued thereunder.

       On November 26, 1999, counsel submitted Consent Findings signed by Richard A. Kordys, counsel for Complainant, and James D. Masur II, counsel for the Respondents. The Consent Findings are also signed by Paul R. Mobley who is the authorized representative of the Respondents. The Consent Findings disclose that the amount of penalty asserted by Complainant has been reduced to $26,000.00 and the Respondent is now withdrawing its exception to the assessment and agrees to the modified penalty as final and binding.

       Counsel have submitted the Consent Findings for entry pursuant to 29 C.F.R. § 18.9 of the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges. Entry of the Consent Findings in this case under 29 C.F.R. § 18.9 is not precluded as a result of the Administrative Review Board Decision in Indiana Department of Workforce Development v. U.S. Department of Labor, ARB Case No. 98-155 (Dec. 8, 1998); ALJ Case No. 97- JTP-15. This case was deferred in order to permit counsel the opportunity to negotiate a settlement or an agreement containing Consent Findings in an Order disposing of the whole or any part of the proceeding.

       Upon a review of the record, the Consent Findings are formally approved. IT IS ORDERED that:

1.   This Order shall have the same force and effec t as an Order made after full hearing;

2.   The entire record upon which this Order is based shall consist solely of the Order of Reference and these Consent Findings;

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 hereby waived.

       IT IS FURTHER ORDERED that this matter is hereby dismissed.

         RUDOLF L. JANSEN
         Administrative Law Judge