Case No.: 95-FLS-32

In the Matter of:

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

    v.

FRANKLIN C. WEATHERHEAD, OWNER
WEATHERHEAD POTATO COMPANY,
    Respondent

    I. By notice dated May 31, 1995 pursuant to section 16(e) of the Fair Labor Standards Act, as amended (29 U.S.C. 216(e)), and in accordance with 29 C.F.R. Part 578, a civil money penalty in the amount of $15,312.50 was assessed by Plaintiff against Respondent as a result of repeated and willful violations of the overtime provisions of the Act.

    II. Respondent, within 15 days of that notice, timely filed with the Administrator of the Wage and Hour Division, Employment

Standards Administration, United States Department of Labor, an exception to the determination that the violations for which the penalty was imposed had occurred. Subsequent to the filing of the exception, the Administrator of the Wage and Hour Division, United States Department of Labor, by Order of Reference, referred this case to the Chief Administrative Law Judge, pursuant to 29 C.F.R. 580.10.

    III. Plaintiff alleges and Respondent admits that at all times pertinent hereto he has operated an enterprise engaged in commerce or in the production of goods for commerce within the meaning of sections 3(r) and 3(s) of the Fair Labor Standards Act of 1938, as amended (29 USC 203(r) and 203(s)).

    IV. Respondent certifies that he is presently in compliance with the provisions of Section 7 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 207) and further says that he will continue in compliance therewith.

    V. Respondent hereby withdraws his exception to the assessment of civil money penalties, and agrees to accept the penalties assessed as final and binding.

    VI. Any order entered in accordance with these 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.

    VII. The entire record upon which any final order may be based shall, pursuant to 29 C.F.R. 18.9(b)(2), consist of the notice of penalty, and these consent findings.

    VIII. The signing of these Consent Findings waives any claim either party has to costs and/or attorney fees.

    IX. All further procedural rights provided by 29 C.F.R. Part 580, and any rights to contest and the validity of these consent findings or any order issued pursuant hereto are hereby waived. See, 29 C.F.R. 18.9(b)(3) and (4).

    This Administrative Law Judge, having reviewed the Consent Findings, concludes that this settlement is in the best interests of all of the parties and it is therefore ORDERED that the settlement agreement shall be, and the same hereby is APPROVED pursuant to the provisions of 29 C.F.R. §18.9(d).

      DAVID W. DI NARDI
      Administrative Law Judge

Dated: October 1, 1996
Boston, Massachusetts
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