UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400N
WASHINGTON, D.C. 20001-8002
Date: October 22, 1996
Case No.: 94-FLS-20
In the Matter of:
TEXAS JEANS, INC. and
JOEL TORRES, Individually and as Corporate Officer,
Respondents.
ORDER GRANTING MOTION FOR RECONSIDERATION
AND GRANTING MOTION FOR SUMMARY JUDGMENT
The above-captioned matter arises under the Fair Labor Standards Act, 29
U.S.C. §201, et seq. (Act), and the regulations promulgated thereunder at 29 C.F.R.
Part 580. On May 13, 1996, the U.S. Department of Labor filed a motion for summary decision,
asserting that no material fact exists concerning Respondents' untimely filing of an exception to the
determination of a penalty or concerning Respondents' willful and repeated violations of the Act.
Respondents did not submit a response to that motion. On July 29, 1996, I issued an Order Denying
Motion for Summary Decision. I found that Respondents' exception to the notice of civil money
penalty could be considered timely or that the issue at least presented a question of fact. I also
determined that the U.S. District Court judgment, involving the Fair Labor Standards Act, presented
by the Department did not name Texas Jeans, Inc. and that it could not, thus, apply to Texas Jeans,
Inc. through the doctrine of res judicata. The Department filed a motion for reconsideration
on August 19, 1996. Respondents did not file a response to this motion.1
1Respondents have demonstrated no intent
to participate in this matter. They have not responded to any of the Department's motions or to my
Prehearing Order.