UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400N
WASHINGTON, D.C. 20001-8002
Date Issued: October 16, 1996
Case No.: 95-FLS-19
In the Matter of
ALLIANCE GROUP, INC., a Corporation
and ANNE M. GROESCHEN, Individually,
Respondents
Before: JOHN M. VITTONE
Chief Administrative Law Judge
DECISION AND ORDER
This case arises under the Fair Labor
Standards Act of 1938 (FLSA) as amended 29 U.S.C. § 216(e)
etseq. and the regulations at 29 C.F.R. Parts 578
and 580.
By letter dated December 13, 1994, the Wage and
Hour Division, Employment Standards Administration, United States
Department of Labor (DOL) notified the above-named Respondents of
the assessment of a civil money penalty ($7,225). DOL alleged
that Respondents violated the overtime provisions of Section 7 of
FLSA and the regulations thereunder. Respondents timely filed an
exception to the assessment. On April 14, 1995, DOL filed an
Order of Reference with this Office.
On September 11, 1996, DOL and Respondents
notified this Office that they have negotiated a Stipulation. In
accordance with 29 C.F.R. § 500.232, the parties request
review of the Stipulation and an Order disposing of this
proceeding. DOL has agreed to amend the total civil money
penalty by reducing the assessment to $500. Respondents have
agreed to pay the reduced assessment. Without admitting to any
[Page 2]
of the violations alleged, Respondents have agreed to withdraw
its exception to the assessed penalty.
Upon review of the record, the Stipulation is
hereby APPROVED. This agreement constitutes full and final
resolution of this matter. It is ORDERED that:
1) this Order shall have the same force and effect
as an order after full hearing;
2) the entire record upon which this Order is based
shall consist solely of the amended notice of
administrative determination and this agreement;
3) any further procedural steps before this Office
are waived; and
4) any rights to challenge or contest the validity
of this Order entered into in accordance with
this agreement are waived.
It is FURTHER ORDERED that this matter is
DISMISSED.
