mailed 1/5/95
Date:
Case No. 94-FLS-12
In the Matter of:
SECRETARY OF LABOR, United States
Department of Labor,
Complainant
v.
IPSWICH SHELLFISH CO., INC.,
Respondent
DECISION AND ORDER APPROVING CONSENT FINDINGS
This matter arises under Section 16(e) of the Fair Labor
Standards Act ("the Act") as amended (29 U.S.C. § 216(e)), and
the regulations issued thereunder (29 C.F.R. Parts 578 and 580),
providing for a civil money penalty for repeated or willful
violations of the overtime provisions of §§ 7 and
15(a)(2) of the Act.
In accordance with the Act and the regulations, the Department
of Labor imposed a civil money penalty in the amount of $17,000.00,
to which Respondent timely excepted. The case was referred to the
Office of Administrative Law Judges on March 22, 1994.
The parties have negotiated a settlement in this matter and
have submitted executed consent findings. Having reviewed the
administrative file and the consent findings, I find that the
Consent Findings are appropriate. Accordingly, IT IS
ORDERED that the stipulations, agreements, terms and
conditions contained therein, which are attached hereto, are
ACCEPTED and shall have the same force and effect as
if they were individually and specifically set forth in the body of
this ORDER. Pursuant to 29 C.F.R. § 18.9(b),
the attached consent findings, incorporated herein, shall
constitute my findings of fact and conclusions of law in this
matter.
JOAN HUDDY ROSENZWEIG[PAGE 2]
District Chief Judge
Boston, Massachusetts
SERVICE SHEET
Case Name: Ipswich Shellfish Company, Inc.
Case No. 94-FLS-12
Title of Document: DECISION AND ORDER APPROVING CONSENT
FINDINGS
This is to certify that a copy of the above-named document was
mailed to the following interested parties on __________________.
Administrator Robert P. Joy, Esq.
Wage and Hour Division/ESA Morgan, Brown & Joy
U.S. Department of Labor One Boston Place
Room S-3502, FPB Boston, MA 02108-4472
200 Constitution Ave., NW
Washington, DC 20210
Associate Solicitor
Office of the Solicitor
U.S. Department of Labor
Room N-2716, FPB
200 Constitution Ave., NW
Washington, DC 20210
Joseph W. DiJulia
Assistant District Director
Wage and Hour Division/ESA
U.S. Department of Labor
P.O. Box 8668
Boston, MA 02114
Counsel for Trial Litigation
Division of Fair Labor Standards
Office of the Solicitor
U.S. Department of Labor
Room N-2716, FPB
[PAGE 3]
200 Constitution Ave., NW
Washington, DC 20210
Albert Ross, Esq. INTEROFFICE MAIL
Regional Solicitor
Office of the Solicitor Library
U.S. Department of Labor
One Congress Street, 11th flr
Boston, MA 02114 LEWIS A. SACKS
Lead Legal Tech
