The U.S. Department of Labor has secured a consent judgment that permanently prohibits a Massachusetts contractor from retaliating against employees. This legal action, finalized on November 22, 2024, follows a lawsuit filed by the department on March 7, 2024. The suit alleged that Evolution Group Inc., along with its owners Junior Moreira de Lima and Vitor Moreira, violated the Fair Labor Standards Act (FLSA) by failing to maintain accurate records of employee wages and hours and by retaliating against employees who cooperated with investigators.
The court's order forbids the company and its owners from taking adverse actions or threatening current or former employees for exercising their FLSA rights, including speaking with the department. It also mandates that employers must keep required wage and hour records accurately and refrain from making false statements about these records. Additionally, the company is required to cooperate with future investigations and pay $35,000 in punitive damages plus interest to certain employees.
This consent judgment makes permanent many requirements from a preliminary injunction issued in March 2024. Under this earlier order, Evolution Group was required to provide written notice of FLSA rights to employees in English, Portuguese, and Spanish and allow a department representative to read this notice during paid work hours.
"The Fair Labor Standards Act prohibits retaliation so workers can assert their wage rights without facing threats or other negative consequences," said Regional Solicitor Maia S. Fisher in Boston. "The consent judgment in this case helps ensure that Evolution Group workers can assert their wage rights, including cooperating with the U.S. Department of Labor."
Carlos Matos, district director of the Wage and Hour Division in Boston stated: "The court’s order cites numerous specific acts of retaliation that defendants cannot take against employees. No employee should suffer retaliation for invoking their rights under the Fair Labor Standards Act."
For more information on how the Wage and Hour Division protects workers against retaliation or if you believe you are owed back wages collected by the division, you can contact them confidentially regardless of immigration status at 866-4US-WAGE (487-9243). They offer assistance in over 200 languages.
