U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office & Courthouse
Room 507
Boston, Massachusetts 02109
Phone: 617-223-9355
Fax: 617-223-4254
DATE:
CASE NO. 95-FLS-20
In the Matter of:
SECRETARY OF LABOR
U.S. DEPARTMENT OF LABOR
Plaintiff
v.
L & T DONUTS, INC., DBA HONEY DEW DONUTS
UMC DONUTS, DBA HONEY DEW DONUTS
M 7 S DONUTS, INC., DBA HONEY DEW DONUTS
and SOLOMON COHEN
Respondents
DECISION AND ORDER - APPROVING CONSENT FINDINGS
I.
By notice dated June 24, 1994, pursuant to
Section 16(e) of the Fair Labor Standards Act, as amended (the
"Act"), and in accordance with 29 C.F.R. Parts 578 and
580, a civil money penalty in the amount of $7,000 was assessed by
the Plaintiff against Respondents as a result of alleged repeated
or willful violations of the provisions of the Sections 7, 11(c),
and 12 of the Act.
II.
By letter dated June 22, 1994, Respondents filed
a timely exception to the assessed civil money penalty, pursuant to
29 U.S.C. 216(e) and 29 C.F.R. 580.6.
III.
Subsequent to the filing of the exception, the
Administrator of the Wage and Hour Division, United States
Department of Labor, by an Order of Reference, referred this case
to the Chief Administrative Law Judge, pursuant to 29 C.F.R.
580.10.
IV.
Plaintiff alleges and Respondents admit that at
all times pertinent hereto, they have been an enterprise engaged in
commerce or in production of goods for commerce within the meaning
of Section 3(s) of the Act, 29 U.S.C. 203(s), or have been employed
employees in commerce or in the production of commerce.
V.
Respondents certify that they are presently in
compliance with the provisions of Sections 6, 7, 11(c), and 12 of
the Act, 29 U.S.C. 201, et seq. Respondents further state
that they will continue to remain in compliance with the Act.
VI.
Upon reconsideration of the amount of penalties
assessed for alleged repeated or willful violations in this cause,
Plaintiff does hereby modify the notice of penalty by reducing the
assessment of civil money penalties to ,500.
VII.
Respondents hereby withdraw their exception to
the assessment of civil money penalties, agree to accept the
modified penalties as final and binding, and will tender payment of
,500 to Plaintiff within thirty (30) days of receipt of the
Decision and Order Approving Consent Findings.
VIII.
This Order entered in accordance with the
Consent Findings shall, pursuant to 29 C.F.R. 18.9(b)(1), have the
same force and effect as an order made after full hearing.
IX.
The entire record upon which this final order is
based shall, pursuant to 29 C.F.R. 18.9(b)(2), consist of the
notice of penalty, as modified herein, and these Consent Findings.
X.
The signing of these Consent Findings waives any
claim either party has to costs and/or attorney fees.
All further procedural rights provided by 29
C.F.R. Part 580, and any rights to contest the validity of these
Consent Findings or any order issued pursuant hereto are hereby
waived.
The undersigned Administrative Law Judge,
having reviewed the Consent Findings, concludes that this
settlement is in the best interest of all the parties, and it is
therefore ORDERED that the Consent Findings shall be and the same
are hereby APPROVED, pursuant to the provisions of 29 C.F.R. Part
18.9.
