USDOL v. Rasputin, Inc., 1997-SCA-32 (ALJ July 18, 2001)
Issue date: 18Jul2001
Case No: 1997-SCA-0032
In the Matter of:
RASPUTIN, INC.,
Respondents.
DECISION AND ORDER
This proceeding came on for consideration upon a Complaint by the Secretary of
Labor under the Service Contract Act of 1965, 41 USC 351, etseq., and the regulations
thereunder found at 29 CFR Parts 4 and 6, and Plaintiff's motion for default judgment
which are concurrently adopted, incorporated herein, and made a part hereof.
Based on the foregoing, and based on Rasputin's failure to answer the complaint,
I conclude that Respondent, Rasputin, Inc., is in default, and, therefore, conclude that
Rasputin, Inc. is deemed to have violated the aforesaid act and regulations, and owes
$173,460.34 in back wages to its employees in the amounts set forth in Schedule "A" of
the complaint.
Accordingly, it is ORDERED that Respondent immediately shall deliver to the
Secretary of Labor a certified or cashiers check or money order in the amount of
$173,460.34 payable to "Wage-Hour Division-Labor." Such monies shall be distributed
by the Secretary of Labor to the employees identified in Schedule "A" of the complaint, or
to their personal representatives, in the amounts set forth therein, less deductions as
required by law.
It appearing that no unusual circumstances within the meaning os section 5(a) of
the Service Contract Act and regulations found at 29 CFR 4.188, 6.19 and 6.21, have been
shown to exist.
IT IS FURTHER ORDERED that Respondent, Rasputin, Inc., not be relieved from
application of the ineligible list provisions of section 5(a) of the Service Contract Act and
that the Secretary forward to the Comptroller General the name of Rasputin, Inc. for
inclusion on and publication of the list of persons and firms who shall be ineligible (together
with any firm, corporation, partnership, or association in which said Respondent has
substantial interest) to be awarded any contract with the United States until three (3) years
have elapsed from the date of such publication by the Comptroller General.
