Herman v. Pierino Frozen Foods, Inc., 93-CLA-34 (ALJ Oct. 21,
1997)
U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date: Oct. 21, l997
Case No. 93-CLA-34
In the Matter Of
ALEXIS M. HERMAN, Secretary of Labor,
United States Department of Labor,
Plaintiff,
v.
PIERINO FROZEN FOODS, INC.,
A Corporation, and
PIERINO GUGLIMETTI, individually and
as president of PIERINO FROZEN FOODS, INC.,
Respondents.
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY
DECISION
On September 10, 1997, the Secretary of Labor,
through counsel, submitted a Motion for Summary Decision and a
Memorandum in Support of this Motion. The Secretary of Labor
alleges that there is no genuine issue as to any material fact and
that she is entitled to judgment as a matter of law. On September
23, 1997, an Order to Show Cause was issued to the Respondent as to
why this Motion should not be granted. The Respondent was given
until October 13, 1997, to respond. No response was received from
the Respondent within this time frame. Accordingly,
IT IS HEREBY ORDERED that the Plaintiff's Motion
for Summary Decision is granted.
[Page 2]
IT IS FURTHER ORDERED that the Respondents pay
the civil money penalty of $6,500.00 assessed against them for
violations of the child labor provisions of the Fair Labor
Standards Act of 1938, as amended, 29 U.S.C. § 201 et
seq.