CIVIL ACTION
NO. 94-FLS-17

ROBERT B. REICH, SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR,
   Plaintiff,

v.

PITTSBURGH ASPHALT & DRIVEWAY PAVING
COMPANY, a corporation, NADCO PAVING,
INC., a corporation and NICK LAUDATO,
individually and as corporate officer
   Respondents.

   This proceeding is before the undersigned Administrative Law Judge pursuant to Sections 7 and 16(e) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §201, et seq.), (hereinafter called "the Act"), and Parts 578 and 580 of the Regulations issued thereunder (29 C.F.R. Parts 578 and 580), for hearing and final determination of the issues raised by respondents' timely exception to the notice of civil money penalty assessed by the Department of Labor. Said penalty was assessed following investigation and inspection of respondents' place of business by the Wage and Hour Division, United States Department of Labor. That investigation and inspection disclosed respondents' alleged violations of Section 7 of the Act and the applicable regulations issued thereunder.

   By agreement of the parties, Consent Findings have been duly executed and entered into, and are set forth in a document entitled "Consent Findings", a copy of which is attached hereto and made a part hereof. Upon further consideration of the matter and pursuant to the provisions of 29 C.F.R. §§18.9 and 578.4, plaintiff has modified the notice of penalty dated October 18, 1993 by reducing the assessed civil money penalty to $4,000.00. Respondents have withdrawn their exception to the assessment of civil money penalty in the modified amount of $4,000.00; agreed to pay the civil money penalty within thirty (30) days; agreed that the entire record upon which any final order may be based shall, pursuant to 29 C.F.R. §18.9(b)(2), consist solely of the notice of penalty, as modified by agreement of the parties in their Consent Findings, and the Consent Findings; and waived all further procedural rights~as provided in 29 C.F.R. §18.9(b)(3) and (4).

   WHEREFORE, upon consideration of the record in its entirety, I hereby find that the modified assessment of the civil money penalty contained in the Consent Findings, agreed to by all parties to this matter, is the final order of the Department of Labor.

Dated this 16th day of March, 1995.