ARB CASE NO. 99-046
(Formerly ARB 96-156)
ALJ CASE NO. 94-FLS-22
DATE: June 29, 1999
In the Matter of
ADMINISTRATOR, WAGE AND
HOUR DIVISION, UNITED STATES
DEPARTMENT OF LABOR,
PLAINTIFF
v.
BAYSTATE ALTERNATIVE STAFFING,
INC., ABLE TEMPS REFERALS, INC.,
HAROLD WOODS, WILLIAM "BILL" WOODS,
AND MARLENE WOODS, all d/b/a
ALTERNATIVE STAFFING,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER APPROVING CONSENT FINDINGS
This case arose when the Department of Labor's Wage and Hour Administrator
assessed a $150,000 civil monetary penalty against Respondents Baystate Alternative Staffing, Inc., Able
Temps Referral, Inc. and Harold, William and Marlene Woods (d/b/a Alternative Staffing) for alleged
willful violations of the overtime compensation provisions of the Fair Labor Standards Act (FLSA), 29
U.S.C. §201 et seq. After Department of Labor administrative review, we
affirmed the penalty. Reich v. Baystate Alternative Staffing, Case No. 94-FLS-22, ARB Fin.
Dec. and Ord. (Dec. 19, 1996). The decision was appealed first to the district court, and subsequently
to the United States Court of Appeals for the First Circuit. The Court of Appeals issued a decision on
December 30, 1998, remanding this case to the district court with instructions that it, in turn, remand this
case to the Secretary of Labor for further proceedings consistent with its decision. Baystate
Alternative Staffing, Inc. v. Herman, 163 F.3d 668 (1st Cir. 1998). The case is now before the
Administrative Review Board pursuant to the court's remand.
[Page 2]
On June 25, 1999, the parties submitted "Consent Findings" to the
Board, which are intended to fully resolve the matters at issue. In the "Consent Findings", the
Respondents certify that they are presently, and will remain, in compliance with FLSA section 7. In
reliance upon the Respondents' certification, the Complainant Department of Labor agrees to modify the
previously issued notice of penalty against the Respondents jointly, reducing the assessment of civil money
penalties from $150,000 to $35,000. The "Consent Findings" further provide that if the
Respondents do not immediately pay the penalty, the Complainants will restore the amount of the penalty
to the $150,000 originally proposed. However, upon the Respondents' motion, should the Board find that
the failure to pay was not the Respondents' fault, the Complainant agrees that this matter may be restored
for further proceedings before the Board, as the First Circuit previously directed. Both parties further
waive any claim to costs or attorneys fees.
Pursuant to 29 C.F.R. § 580.16 (1998), the parties' "Consent
Findings" are hereby APPROVED and are hereby incorporated by reference and made
a part of this decision and order. In light of the agreement among the parties, this case is dismissed.
