U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date: Oct. 1, l997
Case No. 95-CLA-42
In the Matter of
ALEXIS M. HERMAN,
SECRETARY OF LABOR, UNITED STATES
DEPARTMENT OF LABOR,
Plaintiff,
v.
SHARON GALEA and MARK GALEA,
individually, and as partners
d/b/a G'S PIZZERIA AND DELI,
Respondents.
DECISION AND ORDER
APPROVING CONSENT FINDINGS
This proceeding arises under the Fair Labor
Standards Act of l938, as amended (29 U.S.C. §20l, et seq.),
hereinafter referred to as the Act, and its implementing
regulations at 29 C.F.R. Parts 578 and 580. This matter comes on
for consideration of an administrative determination by the
Administrator of the Wage and Hour Division, issued on September
ll, l995, imposing a civil money penalty upon the Respondents in
the amount of $20,400.00, as a result of the employment of eight
(8) minors in violation of the child labor provisions of Section l2
of the Act (29 U.S.C. §212) and regulations issued thereunder
(29 C.F.R. part 570). However, on September 4, l997, upon
reconsideration of the amount of penalty assessed, the Secretary
modified the notice of assessment of penalty by reducing it to
$5,800.00.
[Page 2]
On September l8, l997, the parties submitted
Consent Findings for approval by the undersigned, attached hereto
and made a part hereof. I have reviewed the agreement of the
parties and I enter the following findings:
1. The agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statute under which it arises;
2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;
3. The entire record on which this Decision and Order is based consists solely of the Order of Reference and the Agreement between the parties; and,
4. The parties are deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their Agreement.
Based on the foregoing, IT IS ORDERED that:
1. The Consent Findings are hereby approved;
2. The imposition of the civil money penalty of $5,800.00 is
hereby affirmed; and, that withdrawal of Respondents' exception is approved;
3. That Respondents shall pay such money penalty in accordance with the terms agreed upon in the Consent Findings; and,
4. In accordance with applicable regulations at 29 C.F.R. §580.12, this constitutes the FINAL ORDER of the
Administrator.
