Lewis Mechanical & Metalworks, Inc., 96-CLA-32
(ALJ Oct. 16, 1996)
U.S. Department of Labor Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002
Date Issued: October 16, 1996
Case No.: 96-CLA-32
In the Matter of
LEWIS MECHANICAL AND METALWORKS, INC.,
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 notice dated September 21, 1993, the Wage and Hour
Division of the United States Department of Labor (DOL) notified Lewis
Mechanical and Metalworks, Inc. (Respondent) of an assessment of a civil money
penalty ($8,600). DOL alleges that Respondent violated the child labor
provisions of Section 12 of FLSA and the regulations thereunder. Respondent
filed a timely exception to the assessment. Subsequently, DOL filed an Order
of Reference with this Office.
DOL and Respondent have negotiated a settlement of all
disputed claims and submitted an excuted Stipulation. Pursuant to 29 C.F.R.
§ 500.232, the parties request review of the Stipulation and an order
disposing of this proceeding. DOL has agreed to amend the total civil money
penalty by reducing the assessment to $3,000. Respondent has agreed to pay
the amended civil money penalty. Admitting some of the violations alleged by
DOL, Respondent has agreed to withdraw its exception. Respondent states that
it is now in compliance and will continue in compliance.
Upon review of the record, the Stipulation is 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.