DATE: January 10, 1995
CASE NO. 94-FLS-0014
In the Matter of
ROBERT B. REICH, SECRETARY OF LABOR
U.S. DEPARTMENT OF LABOR,
Plaintiff,
v.
MYOUNG KIM, INDIVIDUALLY AND
DOING BUSINESS AS K & J FASHIONS
Respondents.
Appearances:
Pamela W. McKee, Esq.
For the Complainant
Frank Madey, Esquire,
For Respondent
Before: PAUL H. TEITLER
Administrative Law Judge
DECISION AND ORDER APPROVING
CONSENT FINDINGS
This proceeding arose under Section 16(e) of the Fair Labor
Standards Act, as amended (29 U.S.C. §201, etseq.) (hereinafter referred to as "the Act"), and Part 580
of the Regulations issued thereunder (29 CFR Part 580). Consent
Findings signed by the parties and all counsel (designated as Joint
Exhibit 1) have been presented to the undersigned and the parties
have requested that the Consent Findings be approved, as follows:
CONSENT FINDINGS
Pursuant to 29 CFR §18.9, the parties hereby agree to the
following consent findings:
[PAGE 2]
I
At all times pertinent to the Notice of Assessment of Civil
Money Penalties, the respondents were subject to the provisions of
the Fair Labor Standards Act, as amended, 29 U.S.C. §201,
etseq.
II
By notice dated September 7, 1993, pursuant to Section 16(e)
of the Act and 29 CFR Parts 578 and 580, a civil money penalty was
assessed against the respondents for the respondents' alleged
violations of Section 7 of the Act. Specifically, the Department
alleged that respondents failed to pay to many of their employees
time and one-half their regular rate of pay for hours worked over
40 in a week.
III
By letter dated September 20, 1993, the respondents filed a
timely exception to the assessed civil money penalty pursuant to 29
CFR §580.6.
IV
The parties, in order to amicably resolve the disputed issues
of fact and law concerning this matter, have agreed to the entry of
these Consent Findings. The respondents further state that they
have and will continue to remain in compliance with the provisions
of Section 7 of the Act and the regulations promulgated pursuant
thereto.
V
After further consideration and discussions in this matter and
pursuant to the provisions of 29 CFR §§18.9 and 578.4,
the plaintiff hereby modifies the Notice of Penalty Assessment
dated September 7, 1993 by reducing the assessed penalty to
,000.00
VI
Respondents hereby withdraw their exception to the modified
assessed civil money penalty and agree to deliver to plaintiff's
representatives checks in the total amount of ,000.00 made
payable to "Wage-Hour, Labor" in two (2) installments of $500.00
each, the first payment due December 15, 1994 and the second
payment due April 1, 1995.
VII
[PAGE 3]
Plaintiff and respondents agree that any order entered in
accordance with these Consent Findings shall, pursuant to 29 CFR
§18.9(b)(1), have the same force and effect as an order made
after a full hearing.
VIII
Plaintiff and respondents agree that the entire record upon
which any final order in this matter may be based shall, pursuant
to 29 CFR §18.9(b)(2), consist solely of the notice of
penalty, as modified herein, and these Consent Findings.
IX
Respondents agree that any and all further procedural steps
available to them before an Administrative Law Judge, and any
rights to challenge or contest the validity of these Consent
Findings or any order issued pursuant thereto are, pursuant to 29
CFR §18.9(b)(3) and (4), hereby waived.
I have carefully considered the facts involved in this case
and the difficult legal and factual questions in dispute, as well
as the criteria set forth in 29 U.S.C §201, etseq., 29 CFR Part 580, 29 CFR §§18.9, 578.4. Upon
careful evaluation of same, I conclude that the settlement is fair
and in the best interest of the parties. Moreover, I find that
the Settlement was arrived at without duress, and only after full
exploration by the parties of all issues in dispute and the
difficult legal and factual questions involved. Pursuant to
Section 16(e) of the Fair Labor Standards Act of 1938, as amended
(29 U.S.C. §201, etseq.) and Part 580 of the
Regulations issued thereunder (29 CFR Part 580), I find that the
settlement is fair, reasonable and adequate.
ORDER
Accordingly, it is hereby ORDERED that the Consent
Findings be, and hereby is APPROVED.
IT IS FURTHER ORDERED that the respondent shall deliver
to plaintiff's representative checks in the total amount of
,000.00 made payable to "Wage-Hour, Labor" in two (2)
installments of $500.00 each, the first payment due December 15,
1994 and the second payment due April 1, 1995.
[PAGE 4]
_________________________
PAUL H. TEITLER
Administrative Law Judge
Dated:
PHT:abr
SERVICE SHEET
Case: Robert B Reich, Sec'y of Labor, U.S. DOL
v. Myoung Kim
Case No.: 94-FLS-0014
Title of Document: RECOMMENDED DECISION AND ORDER APPROVING
CONSENT FINDINGS
I certify that a copy of the above document was sent to the
following:
_____________________
Antoinette Rossetti
Legal Technician
Dated:
Administrator, Wage & Hr. Div.
U.S. DOL/ESA
Room S-3502, FPB
200 Constitution Ave., N.W.
Washington, DC 20210 Associate Solicitor
U.S. DOL
Office of the Solicitor
Room N-2716, FPB
200 Constitution Ave., N.W.
Washington, DC 20210
Counsel for Trial Litigation
Div. of Fair Labor Standards
Office of the Solicitor
Room N-2716, FPB
200 Constitution Ave., N.W.
Washington, DC 20210 Catherine O. Murphy
Dep. Reg'l Solicitor
U.S. DOL
3535 Market St., Rm. 14480
Philadelphia, PA 19103
Attn: Pamela W. McKee, Esq.
Myoung Kim & K & J Fashions
1120 Linden St.
Allentown, PA 18102 Mr. George A. Dergham
1030 E. Tilghman St.
Allentown, PA 18103
Michael J. Corcoran
District Director
U.S. DOL/ESA/Wage & Hr. Div.
Penn Place, Rm. 3329
20 N. Pennsylvania Ave.
Wilkes-Barre, PA 18701-3594 Myoung Kim
c/o Meen Han
315 W. Linden
Allentown, PA 18102
Frank Madey, Esq.
Kasick & Madey Law Offices
523 W. Linden St.
Allentown, PA 18101-
14152
