The U.S. Department of Labor (DOL) has filed a lawsuit against a Vermont excavation company, Bevins & Son Inc., alleging that the company used social media to retaliate against workers who had been awarded lost wages earlier this year. This development follows a settlement that the department negotiated with the company earlier this year.
According to a DOL press release, Bevins & Son Inc., based in Milton, Vermont, settled with the department in May agreeing to pay $17,356 to 17 employees in overtime fees and travel-related expenses. Additionally, the company agreed to pay $3,310 in back pay and breach of contract damages and $25,000 in disciplinary damages to an employee who was dismissed for claiming they were not paid for job-related travel.
Regional Solicitor of Labor Maia Fisher stated, "The U.S. Department of Labor is deeply committed to protecting workers’ rights. Retaliation against employees for asserting those rights is against the law. When employers retaliate, including on social media, they should be prepared to face the department in court."
A subsequent DOL press release reveals that an investigation led by the department’s Office of the Solicitor in Boston alleges that Bevins & Son Inc.'s treasurer used social media to claim that an "angry" ex-employee was responsible for the media scrutiny following the earlier settlement. The post urged people to investigate the history of this employee. Furthermore, it was reported that the company’s president posted comments suggesting that some employees who received money from the settlement had refunded it back to the organization.
According to a media release, Bevins & Son's president stated in an administrative report that their intention behind these social media posts was to harm the dismissed employee whom they believe triggered media scrutiny towards their company. In response, DOL is now seeking injunctive relief and punitive damages.
Wage and Hour Division District Director Steven McKinney stated, "The Wage and Hour Division does not tolerate retaliation against employees who exercise their rights under the Fair Labor Standards Act. We continue working to ensure that workers are protected from employer retaliation and receive the wages they are owed."
