U.S. Department of Labor Office of Administrative Law Judges
2600 Mt. Ephraim Avenue
Camden, New Jersey 08104
Phone: 609-757-5312
Fax: 609-757-5403
DATE ISSUED January 15, 1997
CASE NO. 94-CLA-0068
IN THE MATTER OF
FELIPE MARTINEZ & M & F HARVESTING, INC.
Respondents
DECISION AND ORDER
This matter comes on for consideration of an
administrative determination of the Administrator of the Wage and
Hour Division, U.S. Department of Labor, issued on November 9,
1992, under 16(e) of the Fair Labor Standards Act of 1938, as
amended, 29 U.S.C. § 216(e), and the Regulations thereunder
found at 29 C.F.R. Part 579 and 580; and the parties having
submitted agreements and consents signed by all counsel in
disposition hereof as contained in Consent Findings concurrently
adopted (attached as JX-1) and made a part hereof as follows:
CONSENT FINDINGS
The parties hereby stipulate, agree and consent,
pursuant to 29 C.F.R. § 18.9, to entry of findings, as
follows:
1. This matter arises under the § 16(e)
of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C.
§ 216(e), hereinafter the Act, and the Regulations found at 29
C.F.R. Parts 579 and 580.
2. Respondents, at all times pertinent
hereto, employed minors under 18 years of age in commerce or in the
production of goods for commerce, or in an enterprise engaged in
commerce or in the production of goods for commerce within the
meaning of the Act.
3. Upon written notice dated November 9,
1992, in accordance with § 16(e) of the Act and Regulation
found at 29 C.F.R. §§ 579.5 and 580.3, respondents were
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assessed a civil money penalty for alleged violations of the child
labor provisions of § 12 of the Act and Regulations found at
29 C.F.R. § 570.2(b) thereunder.
4. By letter dated November 23, 1992,
respondents took timely exception to such administrative
determination, in accordance with § 16(e) of the Act and the
Regulation found at 29 C.F.R. § 580.6.
5. Respondents, do not admit the violations
alleged by the Administrator and represent that they presently are
in compliance with the child labor provisions of the Act and
pertinent Regulations thereunder, and will continue to comply
therewith in the future. Despite the denial of violations,
respondents wish to conclude the matter by settlement.
6. The Administrator hereby amends the
aforesaid assessment of penalty to $500.00.
7. Respondents hereby withdraw the aforesaid
exception to administrative determination and agree to pay such
penalty, as amended, to "Wage and Hour Division--Labor"
by certified, attorney's trust, or cashier's check or money order.
8. The parties agree that:
(a) The final order
disposing of this proceeding shall have the same force and effect
as an order made after full hearing;
(b) The entire record on
which such final order shall be based shall consist solely of the
notice of administrative determination and these agreements and
consents; and
(c) Each party shall bear
its own costs, fees and expenses as were incurred by it in
connection with any stage of these proceedings.
9. The parties waive:
(a) Further procedural
steps before an Administrative Law Judge; and
(b) Any right to challenge
or contest the validity of these findings or of any order entered
in accordance herewith.
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It appears there is no further need for action
by the Administrative Law Judge in this case, therefore, the
hearing scheduled on January 27, 1997 is hereby cancelled.
ORDER
It appearing that all requirements of Regulation
found at 29 C.F.R. § 18.9 have been complied with, now,
therefore, in accordance with such Consent Findings, it is ORDERED
that imposition of the child labor civil money penalty of $500.00,
as modified by the Administrator, hereby is affirmed; and that
withdrawal of Respondent's exception is approved; that Respondent
shall pay such modified civil money penalty in accordance with the
terms agreed upon in the Consent Findings.
IT IS FURTHERED ORDERED that in accordance with
the Regulation found at 29 C.F.R. § 580.12 this constitutes
the FINAL ORDER of the Administrator.
