USDOL v. Blue Diamond Manufacturing Co., 2000-CLA-29 (ALJ May 14, 2001)
U.S. Department of Labor
Office of Administrative Law Judges John W. McCormack Post Office & Courthouse - Room 507 Post Office Square Boston, MA 02109
(617) 223-9355 (617) 223-4254 (FAX)
CASE NO.: 2000-CLA-00029
In The Matter of:
ELAINE CHAO, SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR Plaintiff
v.
BLUE DIAMOND MANUFACTURING COMPANY Respondent
DECISION AND ORDER APPROVING CONSENT FINDINGS
The parties, pursuant to 29 C.F.R. § 18.9, (made applicable to these proceedings by virtue of 29 C.F.R. § 580.7(a)), hereby agree to the following Consent Findings:
1. By notice dated March 8, 2000, pursuant to Section 16(e) of the Fair Labor Standards Act of 1938, 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 total amount of $3,600.00 was assessed by Plaintiff against Respondent as a result of employment of three (3) minors in violation of the child labor provisions of Section 12 of the Act (29 U.S.C. § 212) and the regulations issued thereunder (29 C.F.R. Part 570).
2. By letter dated March 15, 2000, Respondent filed a timely exception to the assessed civil money penalty pursuant to 29 U.S.C. § 216(e) and 29 C.F.R. § 580.10.
3. This matter was referred to the Chief Administrative Law Judge, by Order of Reference, pursuant to 29 C.F.R. § 580.10 on March 22, 2000.
4. Plaintiff alleges and Respondent admits that at all times material hereto Respondent was an enterprise engaged in commerce or in the production of goods for commerce within the meaning of § 3(s)(1)(B) of the Act (29 U.S.C. § 203(s)(1)(B)).
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5. Respondent certifies that it is presently in compliance with the provisions of § 12 of the Act (29 U.S.C. § 212), and the regulations set forth at 29 C.F.R. Parts 570 and 579, and further states that it will continue in compliance therewith.
6. Plaintiff does hereby modify the Assessment of Civil Money Penalty dated March 8, 2000 by reducing the total assessment to $3,000.00.
7. Respondent hereby withdraws its exception to the assessment of civil money penalties as modified and agrees to accept the modified penalties as final and binding and agrees to pay said total penalty of $3,000.00 within thirty (30) days of the Court Order approving these Consent Findings. In the event payment is more than 15 days late, the amended penalty of $3,000.00 is voided and the original proposed penalty of $3,600.00 will become due immediately.
Payment shall be submitted to:
Western Regional Office
U.S. Dept. of Labor
ESA, Wage & Hour Division
71 Stevenson Street, Suite 930
San Francisco, CA 94105
8. Any Order entered in accordance with these Consent Findings shall, pursuant to 29 C.F.R. § 18.9(b)(1), have the same force and effect as an Order made after full hearing.
9. The entire record upon which any final Order may be based shall, pursuant to 29 C.F.R. § 18.9(b)(2), consist of the Order of Reference filed in this matter and these Consent Findings.
10. All further procedural rights provided by 29 C.F.R. Part 580 and any rights to contest the validity of these Consent Findings or any Order issued pursuant thereto are hereby waived.
This Administrative Law Judge, having reviewed the Consent Findings, concludes that this settlement is in the best interests of all the parties and it is therefore ORDERED that the settlement agreement shall be, and the same hereby is APPROVED pursuant to the provisions of 29 C.F.R. § 6.32.
