U.S. Department of Labor Office of Administrative Law Judges
800 K Street, NW
Washington, DC 20001-8002
Date Issued: November 8, 1996
Case No.: 96-CLA-37
In the Matter of
STEPHANIE, INC., a Corporation,
and STEPHANIE JEWELL, an Individual,
Respondents
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 August 2, 1996, the Wage and Hour Division
of the United States Department of Labor (DOL) notified Stephanie, Inc. and
Stephanie Jewell (Respondents) of an assessment of a civil money penalty
($4,425). DOL alleged that Respondents have violated the child labor
provisions of Section 12 of FLSA and the regulations thereunder. Respondents
filed a timely exception to the assessment. On September 12, 1996, DOL filed
an Order of Reference with this Office.
DOL and Respondents have negotiated a settlement of all
disputed claims and on October 8, 1996, the parties submitted an executed
Consent Findings. Pursuant to 29 C.F.R. § 18.9, 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
$3,200. Without admitting any of the violations alleged by DOL, Respondents
have agreed to pay the reduced civil money penalty as outlined in the Consent
Findings. In addition, Respondents have agreed to withdraw their exception.
Respondents state that they are 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 Order of Reference
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.
