USDOL v. Paul Powell & Company Painting
Contractors, 94-FLS-8 (ALJ June 28, 1995)
U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date: June 28, 1995
Case No.: 94-FLS-00008
In the Matter of:
ROBERT REICH, SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR,
Plaintiff
v.
PAUL POWELL AND COMPANY PAINTING
CONTRACTORS and PAUL POWELL,
Respondent
BEFORE: RICHARD E. HUDDLESTON
Administrative Law Judge
ORDER OF DISMISSAL
By notice dated July 19, 1993, pursuant to § 16(e) of the Fair Labor
Standards Act, as amended (29 U.S.C. § 216(e)), and in accordance with 29 C.F.R. Part
578, a civil money penalty in the amount of $68,000.00 was assessed by Plaintiff against
Respondents as a result of employment of 68 employees in violation of the overtime provisions
of § 7 of the Act (29 U.S.C. §§ 206 and 207), and regulations issued
thereunder. On August 3, 1993, Respondents filed a timely exception to the assessed civil
penalty pursuant to 29 U.S.C. § 216(e).
On January 24, 1994, this case was referred to the Office of
Administrative Law Judges for a final determination of the violations for which the penalty was
imposed as provided in 29 C.F.R. Part 580, and the appropriateness and reasonableness of the
penalty as provided by 29 C.F.R. Part 578. This matter was assigned to the undersigned
Administrative Law Judge on February 7, 1994.
On June 21, 1995, the parties, by Counsel, filed a Stipulation of Dismissal
(a copy of which is attached hereto). I have reviewed the Stipulation of Dismissal and find that it
resolves the issues involved in this case. Accordingly,
It is hereby ORDERED that:
1. The Stipulation of Dismissal is hereby approved.
2. The record in this case consists solely of the notice of penalty, as modified, and
the consent findings, as approved.
3. The parties are deemed to waive any further procedural rights under the Act or
regulations to contest the validity of the Stipulation of Dismissal or any other
order issued pursuant thereto.
4. This order incorporating the Stipulation of Dismissal, as approved, shall have the
same force and effect as if entered after a full hearing.
5. The proceedings in this case are hereby DISMISSED.
Issued this the 28th day of June, 1995, at Cincinnati, Ohio.
