On May 20, 2024, the U.S. District Court for the Eastern District of New York issued a consent judgment and order against P & B Heating & Air Conditioning Corp., based in West Babylon, New York. The court mandated the company to pay $15,000 in punitive damages to employees and permanently enjoined it from violating the Fair Labor Standards Act’s (FLSA) anti-retaliation provisions.
The legal action follows an investigation by the U.S. Department of Labor's Wage and Hour Division into the company's pay practices. On October 3, 2022, P & B Heating & Air Conditioning had agreed to pay $144,350 in overtime back wages to resolve violations of the FLSA. However, shortly thereafter, allegations emerged that the company retaliated against employees by threatening termination if they did not return these wage payments. At least one employee reportedly complied with this demand.
In response to these allegations, on April 6, 2023, the Department obtained a temporary restraining order prohibiting further retaliation by P & B Heating & Air Conditioning. This was followed by a preliminary injunction issued on April 17, 2023, which extended the terms of the restraining order as long as the Department’s complaint remained pending.
“This outcome should remind employers that the U.S. Department of Labor will actively pursue all legal avenues to halt and address employers’ illegal intimidation of their workers. This includes obtaining punitive damages for affected workers,” stated Regional Solicitor of Labor Jeffrey Rogoff in New York.
“The Wage and Hour Division does not tolerate retaliation or intimidation of any kind against workers. The Fair Labor Standards Act is designed to protect workers against being forced to kick back the wages they earned and should have been paid in the first place,” said Wage and Hour District Director David An in Westbury, New York.
The case is filed under Civil Action No. 2:23-cv-02582-NJC-LGD.
For more information about back wages collected by the division or other inquiries related to wage laws, workers can contact the Wage and Hour Division confidentially through its toll-free helpline at 866-4US-WAGE (487-9243). Additionally, resources such as a Timesheet App for iOS and Android devices are available to ensure accurate tracking of hours and pay.
