U.S. Department of Labor's Wage and Hour Division obtained a restraining order against a New Jersey staffing agency for attempting to dissuade workers from cooperating with investigators.
Advantix Logistics Corp., of Lyndhurst, allegedly fired an employee who said his paychecks were short and threatened additional retaliation when the employee made the same comments about his final check, according to an April 21 news release.
"Threatening or firing employees who ask for proper pay is egregious and illegal retaliation," New York-based Regional Solicitor Jeffrey Rogoff said in the news release. "Effective enforcement of the Fair Labor Standards Act depends on employees’ ability to report their experiences without fear. In this case, the U.S. Department of Labor is seeking a restraining order to protect employees so they can cooperate with the department’s investigation and assert their rights under the law."
Among other things, the restraining order enjoins Advantix "and any related entities" from retaliating against its current and former employees and "to notify the department in writing at least seven days prior to any employee’s termination for any reason," the news release said.
"Retaliation or threats of retaliation can prevent employees from exercising their right to question their wages and their employers' pay practices," New Jersey-based Wage and Hour Division District Director Paula Ruffin said in the news release. "It can also inhibit cooperation in good faith with an investigation and inhibit employees from engaging in activities protected by federal law. To prevent violations from occurring in the first place, we encourage employers to contact the Wage and Hour Division to learn about their responsibilities under the law."
DOL's investigation into Advantix's alleged retaliation is being handled by the Wage and Hour Division's Northern New Jersey District Office, and senior trial Attorneys Jason Glick and Susan Jacobs, of the New York regional office, are litigating the case.
