USDOL
v. Noble Roman's Inc., 1999-CLA-24 (ALJ Dec. 3, 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: December 3, 1999
Case No.: 1999-CLA-24
In the Matter of
ADMINISTRATOR, WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
Complainant
NOBLE ROMAN'S INC. d/b/a NOBLE ROMAN'S PIZZA
GNR, INC. d/b/a NOBLE ROMAN'S PIZZA, and
WHICKER INVESTMENTS, d/b/a/ NOBLE ROMAN'S PIZZA
Respondents
DECISION AND ORDER
Pursuant to Section 16(e)
of the Fair Labor Standards Act, as amended (29 U.S.C. §
216(e), hereinafter "the Act"), and in accordance with 29
C.F.R. Part 579, a civil money penalty in the amount of $64,625.00
was assessed against the Respondents, Noble Roman's, Inc., GNR,
Inc., and Whicker Investments, all doing business as Noble Roman's
Pizza, as a result of the employment of fifty (50) miners in
violation of the child labor provisions of Section 12 of the Act
and regulations issued thereunder.
On November 26, 1999,
counsel submitted Consent Findings signed by Richard A. Kordys,
counsel for Complainant, and James D. Masur II, counsel for the
Respondents. The Consent Findings are also signed by Paul R.
Mobley who is the authorized representative of the Respondents.
The Consent Findings disclose that the amount of penalty asserted
by Complainant has been reduced to $26,000.00 and the Respondent is
now withdrawing its exception to the assessment and agrees to the
modified penalty as final and binding.
[Page 2]
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. This case was deferred in order to permit counsel the
opportunity to negotiate a settlement or an agreement containing
Consent Findings in an Order disposing of the whole or any part of
the proceeding.
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
effec
t 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.