Each month, the United States Department of Labor (US DOL or DOL) issue violations and settles cases covering the federal laws they are responsible for enforcing. These federal laws include:
- Fair Labor Standards Act (FLSA)
- Occupational Safety and Health Act (OSHA)
- Family and Medical Leave Act (FMLA)
- Davis-Bacon and Related Acts
- Executive Order 11246
- Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
Below is a list of violations and settlements issued by the DOL from May 16 to May 31, 2024.
Highlighted Violations and Settlements
A federal court permits the DOL to pursue a lawsuit against an employer for retaliatory social media postings
In October 2023, the US Department of Labor filed a lawsuit against Bevins & Son Inc. for retaliating against employees who had entered into a settlement agreement with the company to resolve some FLSA claims.
After the settlement, the company posted statements to social media disparaging the employees and implying the company had accepted kickbacks of back wages and liquidated damages for the employees. The DOL argued that they social media posts were retaliation against the employees resulting from a prior settlement regarding unpaid wages.
The company challenged the October 2023 lawsuit claiming that their social media posts were protected by the First Amendment. However, a federal court in Vermont determined that the social media posts, if retalitory, were not protected by the First Amendment and allowed the DOL to continue to pursue its retaliation lawsuit.
The DOL filed a lawsuit against a restaurant for $300K for violating wages laws and recordkeeping requirements
The US Department of Labor filed a lawsuit claiming that Gordo Corp., operating as El Gordito, in Illinois, did the following:
- Failed to pay servers minimum wage for all hours worked.
- Did not pay servers and kitchen staff an overtime premium of time and one-half their hourly rate of pay for hours over 40 in a workweek.
- Did not keep complete and accurate records that detailed an employee’s hours worked.
- Often underreported the number of hours worked by staff.
- Allowed full-time servers to keep their tips but failed to enact a proper tip credit.
- Failed to pay servers the required cash wage of $2.13 per hour, and often paid no cash wage at all.
- Made up the number of hours servers worked and how much they earned in tips so that the amount of servers’ paychecks would be close to $0.
The DOL is looking for an award of $300K in back wages and damage.
FLSA Violations and Settlements
- California: Department of Labor recovers more than $450K in back wages, damages for 62 workers at Half Moon Bay farms, sites of 2023 fatal shootings
- Illinois: US Department of Labor files complaint seeking $300K in back wages, damages for Belleville restaurant workers denied minimum wage, overtime
- Michigan: US Department of Labor recovers $38K in back wages for 17 workers, court finds Dearborn restaurant owner in contempt of 2018 order
- Mississippi: Federal court orders backpay, damages, prohibits Greenville cleaning service from violating wage laws after Department of Labor sues
- Nevada: Department of Labor again finds La Mojarra Loca restaurants in Las Vegas shortchanged workers’ wages, recovers $151K for 33 workers denied overtime
- New York: Court orders Long Island employer who demanded employees kick back recovered wages to pay $15K in punitive damages
- Texas: US Department of Labor recovers $37K in owed wages, damages for 19 workers denied overtime by 2 Rio Grande Valley restaurants
- Vermont: Court denies Vermont employers’ motion to dismiss Department of Labor lawsuit alleging social media retaliation against employees
- West Virginia: Federal investigation, litigation recovers $175K in back wages for 44 miners laid off, then denied last paycheck after employer files bankruptcy
OSHA Violations and Settlements
- Illinois: Waukegan roofing contractor finally pays $365K in penalties for endangering employees when Department of Labor moves to seize employer’s property
- New Jersey: Department of Labor reaches settlement with Linden contractor after finding the company failed to prevent fatal 5-story fall at a Bayonne work site
- Ohio: Department of Labor cites leading tool, equipment manufacturer after maintenance electrician suffers severe burns in electrical arc fire
- Oregon: Federal court finds USPS again wrongfully fired probationary mail carrier shortly after reporting workplace injury, this time in Oregon
