Sec'y v. Ark Restaurants Corp., 1999-FLS-9 (ALJ Nov. 18, 1999)

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: November 18, 1999

Case No.: 1999-FLS-9

In the Matter of:

ALEXIS HERMAN, Secretary of Labor
U.S. Department of Labor
   Plaintiff

   v.

ARK RESTAURANTS CORPORATION
d/b/a ARK BOSTON CORPORATION
d/b/a MARKET PLACE CAFE
   Respondent

BEFORE: RUDOLF L. JANSEN
               ADMINISTRATIVE LAW JUDGE

      This case arises under Section 16(e) of the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 201 et seq., § 216(e), and in accordance with applicable regulations found at 29 C.F.R. Parts 578 and 580. A civil money penalty in the amount of $57,500.00 was assessed against Respondent as a result of repeated or willful violations of Section 7 of the Fair Labor Standards Act.

      On November 5, 1999, counsel submitted Consent Findings signed by Constance B. Franklin, counsel for Plaintiff, and Richard A. Wilsker, counsel for the Respondent. The Consent Findings disclose that the amount of the penalty

asserted by Plaintiff has been reduced to $40,000.00 and the Respondent is now withdrawing its exception to the assessment and agrees to the modified penalty as final and binding. The Respondent has tendered payment of the full $40,000.00 in penalty to Plaintiff.

      Counsel have submitted the Consent Findings for entry pursuant to 29 C.F.R. § 18.9 of the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges. Entry of the Consent Findings in this case under 29 C.F.R. § 18.9 is not precluded as a result of the Administrative Review Board Decision in Indiana Department of Workforce Development v. U.S. Department of Labor, ARB Case No. 98-155 (Dec. 8, 1998); ALJ Case No. 97- JTP-15.

      Upon a review of the record, the Consent Findings 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 these Consent
          Findings;

      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 hereby
          waived.

      IT IS FURTHER ORDERED that this matter is hereby dismissed.

          Rudolf L. Jansen
          Administrative Law Judge