Reich v. Baystate Alternative Staffing, Inc., 94-FLS-22 (ALJ June 11, 1996)

DATE:  June 11, 1996
CASE NO.  94-FLS-22


ROBERT B. REICH,
Secretary of Labor,
United States Department of Labor,
     Complainant

        v.

BAYSTATE ALTERNATIVE STAFFING, INC.,
ABLE TEMPS REFERRALS, INC., ANN F. WOODS,
HAROLD WOODS, WILLIAM  BILL  WOODS AND MARLENE
WOODS, ALL d/b/a ALTERNATIVE STAFFING,
     Respondents

APPEARANCES:

John S. Casler, Esq.
Deputy Solicitor/Counsel for ESA
Susan G. Salzberg, Esq.
     For the Plaintiff

Edward DeFranceschi, Esq.
     For the Respondents


                     AMENDED DECISION AND ORDER


     This is a proceeding under the Fair Labor Standards Act of
1938, as amended, 29 U.S.C. 201, et seq. (hereinafter  the
Act  or  FLSA  wherein the Plaintiff seeks the imposition of civil
money penalties in the amount of $150,000.00 for willful violations
of Section 7 of the Act.  Hearings were held before this
Administrative Law Judge on January 22 and 23, 1996 in Worcester,
Massachusetts and the parties were given the opportunity to offer
arguments, testimony and documentary evidence in support of their
respective positions.  Post-hearing briefs were filed by Plaintiff
(PX 22) and the Respondents (RX 7) and the record was closed on
April 29, 1996.  The following references will be used herein. 
 ALJ EX  for an exhibit offered by this Administrative Law Judge, 
[PAGE 2]
PX for a Plaintiff s exhibit, RX for a Respondents  exhibit and TR
for the official hearing transcript.

     On June 3, 1996 I issued a Decision and Order wherein
I concluded, inter alia, that the named Respondents had
violated the provisions of the FLSA and that the assessed civil
money penalties of $150,000.00 were appropriate based on the closed
record as perfected by the parties.  However, as the ORDER
contains an incorrect citation to the appropriate implementing
regulation, I shall now issue the following:

                           AMENDED ORDER

     Accordingly, it is determined that the civil money penalties
assessed herein are appropriate, that the Administrator s
assessment is AFFIRMED and that such penalties shall be paid to the
Department by the Respondents joined herein, pursuant to 29 CFR
§580.12(c).




                                   __________________________
                                   DAVID W. DI NARDI
                                   Administrative Law Judge

Boston, Massachusetts

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