USDOL v. Castlerock Properties, Inc., 2000-FLS-5 (ALJ Aug. 15, 2000)

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: August 15, 2000

Case No. 2000-FLS-5

In the Matter of:

ADMINISTRATOR,
WAGE AND HOUR DIVISION
U.S. DEPARTMENT OF LABOR,
    Plaintiff

    v.

CASTLEROCK PROPERTIES, INC.,
NOBLE ESTATES, INC., AIRY TRAILS, INC.,
WAYSIDE COURT, INC. AND
MICHAEL DAVIS,
    Defendants

   This proceeding arises under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §216(e), et seq.), hereinafter the Act, and its implementing regulations at 29 C.F.R. Parts 578. This matter arises from an Order of Reference filed by the Administrator of the Wage and Hour Division, on December 17, 1999. The Administrator imposed a civil money penalty in the amount of $10,000.00 upon the Defendants for alleged violation of the Act and applicable regulations.

   On August 1, 2000, the parties submitted a Stipulation and Settlement Agreement for approval by the undersigned, attached hereto and made a part hereof. I have reviewed the agreement of the parties and I enter the following findings:

1. The agreement appears to be fair and reasonable on its face, and it further appears that it effectuates the purposes and policies of the statute under which it arises;

2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;

3. The entire record on which this Decision and Order is based consists solely of the Order of Reference and the Stipulation and Settlement Agreement between the parties; and,

4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their agreement.

   Based on the foregoing, IT IS ORDERED that:

1. the Stipulation and Settlement Agreement is hereby approved;

2. Defendants shall pay back wages in the amount of $10,500.00 in accordance with the Stipulation and Judgment in the matter of Secretary of Labor v. Castlerock Properties, Inc., Noble Estates, Inc., Airy Trails, Inc., Wayside Court, Inc., and Michael Davis (S.D. OH. Case No. C-1-99-1046) (copy attached).

3. the modification of the $10,000.00 civil money penalty to $3,250.00 plus $88.69 in interest is hereby affirmed; and withdrawal of Defendants' exception as amended is approved;

4. Defendants shall pay such money penalty in accordance with the terms agreed upon in the attached Stipulation; and

5. In accordance with applicable regulations at 29 C.F.R. §580.12, this constitutes the FINAL ORDER of the Administrator.

       DANIEL J. ROKETENETZ
       Administrative Law Judge