USDOL v. Caldor Corp., 96-CLA-30 (ALJ Jan. 8,
1997)
U.S. Department of Labor Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002
Date Issued: January 8, 1997
Case No.: 96-CLA-30
In the Matter of:
UNITED STATES DEPARTMENT OF LABOR,
Plaintiff
v.
CALDOR CORPORATION,
Respondent
Before: JOHN M. VITTONE
Chief Administrative Law Judge
DECISION AND ORDER
This case arises under the Fair Labor Standards Act of 1938
(FLSA), as amended 29 U.S.C. § 216(e) etseq. and the
regulations at 29 C.F.R. Parts 579 and 580.
By notices dated March 7, 13, 22, and 25, 1996, the Wage
and Hour Division of the United States Department of Labor (DOL) notified
Caldor Corporation (Respondent) of an assessment of a civil money penalty
($39,300). DOL alleged that Respondent violated the child labor provisions of
Section 12 of FLSA and the regulations thereunder. Respondent filed a timely
exception to the assessment. On June 20, 1996, DOL filed an Order of
Reference with this Office.
Subsequently, DOL and Respondent have negotiated a
settlement of all disputed claims and on December 2, 1996, they submitted
Consent Findings to this Office. Pursuant to 29 C.F.R. § 500.232, the
parties request review of the agreement and an order disposing of this
proceeding. DOL has agreed to amend the total civil money penalty by reducing
the assessment to $19,000. Respondent has agreed that DOL may file a
nonpriority, general unsecured claim in Respondent's Chapter 11 bankruptcy
proceeding for $19,000. Without admitting or denying any of the violations
alleged by DOL, Respondent agreed to withdraw its exception. Respondent
states that it is now in compliance and will continue in compliance.
Upon review of the record, the Consent Findings are
APPROVED. This agreement constitutes full and final resolution of this
matter. 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 amended notice of
administrative determination and this agreement;
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 waived.
It is further ORDERED that this matter be DISMISSED.