Secretary of Labor v. Sunrise Property and Development,
Inc., 1999-FLS-15 (ALJ Jan. 4, 2000)
U.S. Department of
Labor
Office of Administrative Law Judges 50 Fremont Street, Suite
2100 San Francisco, CA 94105
(415) 744-6577 (415) 744-6569
(FAX)
DATE: January 4, 2000
CASE NUMBER: 1999-FLS-15
In the Matter of
ALEXIS HERMAN, SECRETARY OF LABOR,
Complainant,
v.
SUNRISE PROPERTIES AND DEVELOPMENT, INC., Respondent.
DEFAULT DECISION AND ORDER
The above-captioned matter arises from a request for a hearing
concerning a $23,120 civil money penalty assessment under the provisions of the Fair Labor
Standards Act, 29 U.S.C. §201 et seq. In a motion filed on December 2, 1999, the
Complainant asked for the entry of a Default Decision and Order requiring the Respondent to pay
the full amount in assessed penalties by March 1, 2000. As grounds for this motion, it was
represented that the Respondent had failed to respond to discovery requests and that its officers had
failed to appear at properly noticed depositions. Accordingly, on December 3, 1999 I issued an
Order to Show Cause which required the Respondent to show cause by December 28, 1999 why the
Default Decision and Order requested by the Complainant should not be issued. No
response to that Order has been submitted by the Respondent. Therefore, pursuant to the provisions
of 29 C.F.R. §18.6(d)(2), the Complainant's request for the issuance of a Default Decision and
Order is granted and the Respondent is hereby ordered to pay civil penalties totaling $23,120 no later
than March 1, 2000. Such payment must be in the form of a cashier's check or money order and
must be delivered to the United States Department of Labor, Wage and Hour Division, Room 400,
300 South Glendale Avenue, Glendale, California 91205.
