USDOL v. Sicilian Village Co., 1999-FLS-16 (ALJ Aug. 30, 2000)

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 30, 2000

Case No.: 1999-FLS-16

In the Matter of

ALEXIS HERMAN, SECRETARY OF LABOR
U.S. DEPARTMENT OF LABOR
    Plaintiff

    v.

SICILIAN VILLAGE CO.
d/b/a ARLINGTON RESTAURANT
d/b/a ARLINGTON RESTAURANT AND DONUT SHOP
d/b/a PIZZA PLACE AND RESTAURANT

ROUTE 2 AND 579, INC.
d/b/a WAYSIDE INN
    and
LAWRENCE HUTTON, Individually
    Respondents

BEFORE: RUDOLF L. JANSEN
    Administrative Law Judge

   This proceeding arises under the Fair Labor Standards Act, as amended (29 U.S.C. 216(e)), and in accordance with 29 C.F.R. Part 578, and the applicable regulations issued thereunder at 29 C.F.R. Part 580. A civil money penalty in the amount of $14,000.00 was assessed against the Respondents as a result of the employment of fourteen employees in violation of the minimum and overtime provisions of §§ 6 and 7 of the Act and the regulations issued thereunder.

   On August 22, 2000, counsel submitted a Stipulation and Settlement Agreement signed by Patrick L. DePace, counsel for Plaintiff, and N. Stevens Newcomer, counsel for the Respondents. The Stipulation and Settlement Agreement disclose that the amount of the penalty asserted by the Plaintiff in this proceeding has been reduced to the total sum of $7,000.00 and the

Respondents are now withdrawing their exception to the assessment and agree to the modified penalty as final and binding. Respondents further acknowledge that they are in compliance with the provisions of §§ 6 and 7 of the Act and that they agree to pay proper wages in the future. Although the agreed settlement is captioned as a Stipulation and Settlement Agreement, it is received as Consent Findings offered for entry pursuant to 29 C.F.R. § 18.9 of the Rules of Practice and Procedure for Administrative Hearings for the Office of Administrative Law Judges.

   This case was originally scheduled to be heard on May 31, 2000 in Toledo, Ohio. However, on May 10, 2000, the matter was postponed in order to allow the parties the opportunity to pursue a related legal action and also to attempt to resolve administratively all of the issues involved in this case. Therefore, the case of Indiana Department of Workforce Development v. U.S. Department of Labor, ARB No. 98-155 (Dec. 8, 1998); ALJ Case No. 97-JTP-15 does not preclude the final disposition of the matter by way of use of the 29 C.F.R. Part 18 procedural regulations.

   Upon a review of the record, the Stipulation and Settlement Agreement 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 the Stipulation and Settlement Agreement;

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 waived.

   IT IS FURTHER ORDERED that this matter is hereby dismissed.

      Rudolf L. Jansen
      Administrative Law Judge