USDOL v. Four Seasons Landscaping, Inc., 1997-FLS-20 (ALJ Mar. 29, 1999)
U.S. Department of
Labor
Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Date: March 29, 1999
Case No. 1997-FLS-20
In the Matter of:
ALEXIS M. HERMAN, SECRETARY
OF LABOR, U.S. DEPARTMENT OF
LABOR,
Complainant
v.
FOUR SEASONS LANDSCAPING, INC.,
a Corporation, and KENNETH P.
BAYNE, an individual,
Respondents
DECISION AND ORDER APPROVING STIPULATIONS
This proceeding arises under the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §201, et seq.), hereinafter the Act, and its implementing regulations at 29 C.F.R. Parts 578 and 580. This matter comes on for consideration of an administrative determination by the Administrator of the Wage and Hour Division, issued on April 23, 1997, imposing a civil money penalty upon the Respondents for alleged violation of the Act and applicable regulations.
On February 12, 1999, the parties submitted a Stipulation of Compliance and Modification of Civil Penalty for approval by the undersigned, attached hereto and made a part hereof. I have reviewed the agreement of the parties and I enter the following findings:
1.
The agreement appears to be fair and reasonable on its face, and it further appears that it effectuates the purposes and policies of the statute under which it arises;
2.
This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;
3.
The entire record on which this Decision and Order is based consists solely of the Order of Reference and the Stipulation between the parties; and,
4.
The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their agreement.
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Based on the foregoing, IT IS ORDERED that:
1.
The Stipulation of Compliance is hereby approved;
2.
The modification of the $15,000.00 civil money penalty to $2,250.00 is hereby affirmed; and, that withdrawal of Respondents' exception is approved;
3.
That Respondents shall pay such money penalty in accordance with the terms agree upon in the Stipulation of Compliance; and
4.
In accordance with applicable regulations at 29 C.F.R. §580.12, this constitutes the FINAL ORDER of the Administrator.
