The U.S. Department of Labor has secured a consent judgment against Evolution Group Inc., a Massachusetts-based construction contractor, and its owners, Junior Moreira de Lima and Vitor Moreira. The legal action follows allegations that the company violated the Fair Labor Standards Act (FLSA) by not maintaining records of employees' wages and work hours, and retaliating against employees who cooperated with investigations.
The court approved the consent judgment on November 22, 2024. It permanently prohibits the company and its owners from retaliating or threatening any adverse action against employees exercising their FLSA rights, such as speaking with the Department of Labor. The judgment also mandates that the employers maintain accurate records of employees' pay and hours worked, refrain from making false statements about these records, cooperate with future investigations, and pay $35,000 in punitive damages to certain employees.
This judgment reinforces a preliminary injunction issued in March 2024. Under that injunction, Evolution Group was required to inform employees of their FLSA rights in English, Portuguese, and Spanish and allow a department representative to read this notice during paid working hours.
“The Fair Labor Standards Act forbids retaliation so workers can stand up for their wage-related rights without facing threats or other negative consequences. The consent judgment in this case helps ensure that Evolution Group’s workers can assert their wage rights, including by cooperating with the U.S. Department of Labor,” said Regional Solicitor Maia S. Fisher in Boston.
“The court’s order lists numerous specific retaliatory acts that the defendants cannot take against employees. No employee should be retaliated against for invoking their rights under the Fair Labor Standards Act,” said Wage and Hour Division District Director Carlos Matos in Boston.
The case was heard at the U.S. District Court for the District of Massachusetts under docket number 4:24-cv-40035-MRG.
For more information on how the Wage and Hour Division protects workers against retaliation or if you think you may be owed back wages collected by the division, contact them confidentially through their toll-free helpline at 866-4US-WAGE (487-9243). They offer services in over 200 languages.
