USDOL
v Fifth Avenue Limousine Service, Inc., 1999-FLS-10 (ALJ Aug. 31,
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: August 31, 1999
Case No.: 1999-FLS-10
In the Matter of:
ALEXIS HERMAN, Secretary of Labor
U.S. Department of Labor
Plaintiff
v.
FIFTH AVENUE LIMOUSINE SERVICE, INC.
Respondent
DECISION AND ORDER
This case arises under Section 16(e) of the Fair Labor Standards Act, as
amended, 29 U.S.C. §§ 201 etseq., § 216(e), and in
accordance with applicable regulations found at 29 C.F.R. Parts 578 and 580. A civil money penalty
in the amount of $2,125.00 was assessed against Respondent as a result of repeated or willful violation
of the overtime provisions of Section 7 of the Act.
On July 22, 1999, counsel submitted Consent Findings signed by James H.
Angevine, counsel for Plaintiff, and Paul E. Stanzler, counsel for the Respondent. The Consent
Findings disclose that the amount of the penalty asserted by Plaintiff has been reduced to ,900.00
and the Respondent is now withdrawing its exception to the assessment and agrees to the modified
penalty as final and binding.
Counsel have submitted the Consent Findings for entry pursuant to 29 C.F.R.
§ 18.9 of the Rules of Practice and Procedure for Administrative Hearings Before the Office of
Administrative Law Judges. Entry of the Consent Findings in this case under 29 C.F.R. § 18.9 is
precluded as a result of the Administrative Review Board Decision in Indiana Department of
Workforce Development v. U.S. Department of Labor, ARB Case No. 98-155 (Dec. 8, 1998);
ALJ Case No. 97-JTP-15.
[Page 2]
The parties are notified pursuant to 29 C.F.R. § 18.1(b) that the
Administrative Law Judge is hereby waiving all deferment requirements mentioned within 29 C.F.R.
§ 18.9 based upon a determination that no party will be prejudiced and that the ends of justice
will be served thereby. Any party who is aggrieved by the waiver action should move for
reconsideration of this Order within ten days from the date of its entry. Since the deferment provisions
are no longer applicable to the administrative disposition of this case, counsels' request for the entry of
the Consent Findings pursuant to 29 C.F.R. § 18.9 is hereby approved. The Federal Rules of
Civil Procedure are inapplicable to the disposition of this matter.
Upon a review of the record, the Consent Findings are formally approved. IT IS
ORDERED that:
1. This Order shall have the same force and effect as an Order made after
full hearing;
2. The entire record upon which this Order is based shall consist solely of
the Order of Reference and these Consent Findings;
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 hereby waived with the
exception of the possible reconsideration request pertaining to the
waiver of the deferment provisions.
IT IS FURTHER ORDERED that this matter is hereby dismissed.
