Reich

Acura of Bellevue v. Reich

Good Law
90 F.3d 1403·1996 WL 396839
United States Court of Appeals for the Ninth CircuitJuly 17, 1996No. 95-35509California2,326 words

Opinion

Lead Opinion

Smith, J.

Plaintiffs/appellants appeal the district court’s dismissal of their action for lack of subject matter jurisdiction. Appellants brought this action under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-705 , against the Secretary and other personnel of the Department of Labor (collectively, “Department”) challenging both a Department Administrator’s finding that appellants violated child labor laws and the consequential assessment of monetary penalties. We affirm.

FACTS

Plaintiffs/appellants are forty-nine car dealers in western Washington state (“dealers”). Each dealer employed sixteen and seventeen year old minors as lot attendants. According to the dealers, the lot attendants’ primary duties were to clean cars and the dealership premises. Other duties, however, included moving cars on the dealers’ premises, moving cars to different lots, driving to get gas, and transporting customers.

On March 18, 1994, after an investigation by the Wage and Hour Division of the Department of Labor, a Department Administrator issued a Notice of Assessments and Civil Money Penalty to each of the dealers (“the Administrator’s decision”). The notices stated that the dealers had…

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