The department’s Wage and Hour Division is currently investigating ISPE Produce under the minimum wage, overtime, record-keeping and anti-retaliation provisions of the Fair Labor Standards Act.
“Employee intimidation and coercion will not be tolerated. Employers are prohibited from retaliating against any employee who files a complaint or cooperates in a Wage and Hour investigation,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “We will leverage any resources necessary to ensure that a fair investigation is conducted and workers are protected.”
During the investigation, the employer required workers to leave the job site when Wage and Hour investigators arrived to conduct interviews. Company officials threatened workers with termination of employment and deportation for cooperating with the department. The temporary restraining order asks the court to enjoin the owner and two company officials from continuing threatening and retaliatory conduct aimed at employees who cooperate in the Wage and Hour investigation.
The department also seeks an order requiring the owner or a department employee to read aloud a statement to all employees informing them of their right to speak with Wage and Hour investigators without fear of retaliation; to post a copy of the statement at all ISPE Produce work sites; and to prohibit the owner and named officials from speaking directly to employees about the Wage and Hour investigation.
Source: DOL
This information is intended to be
educational and should not be considered legal advice on any specific matter.
