The former owner of a restaurant in Albany, New York, has been sued by the Department of Labor for allegedly attempting to intimidate three employees and bar them from participating in a private class action lawsuit, depriving them of their rights under the Fair Labor Standards Act.
The complaint alleges that David Ip willfully and flagrantly violated the anti-retaliation provisions of the Fair Labor Standards Act, according to a Sept. 6 news release.
“Putting a stop to retaliation is a priority and the department stands ready to litigate aggressively against employers that violate the Fair Labor Standard Act’s anti-retaliation provisions,” Regional Solicitor of Labor in New York, Jeffrey Rogoff, said in the release.
The suit also seeks to prevent Ip from taking any further adverse action against former and current employees, as well as recover compensatory and punitive damages for the workers, the release stated.
Ip shared personal and sensitive information about the workers with a Rensselaer County deputy sheriff who also worked for Ip’s security business, according to the release. He also contacted immigration officials and one of the workers was arrested.
Allegations of retaliation are taken seriously by the Labor Department, Rogoff said. To prevent it, the Labor Department will not hesitate to take legal action, the release stated.
Retaliation is not tolerated by the Wage and Hour Division, its division director in Albany, New York, Jay Rosenblum, said.
“Employees have a right to engage in activities protected under the Fair Labor Standards Act, including filing a FLSA lawsuit, without fear of being punished or intimidated by their employer,” Rosenblum said. “Workers and employers alike who want to know more about their FLSA rights and responsibilities are encouraged to contact our office.”
