The U.S. Department of Labor has filed suit against the former owner of an Albany restaurant after he allegedly tried to intimidate three workers and prevent them from participating in a private class action lawsuit, thus depriving them of their full rights under the Fair Labor Standards Act. The complaint seeks to enjoin David Ip from further adverse action against former and current employees and recover compensatory and punitive damages for the workers stemming from the allegations of defendant’s willful and flagrant violations of the Fair Labor Standards Act’s anti-retaliation provisions.
The department alleges that David Ip – former owner and operator of Ichiban restaurant – violated federal anti-retaliation provisions when he shared personal and other sensitive information about the three workers with a Rensselaer County deputy sheriff who also worked for David Ip’s security business when off duty. The deputy sheriff then contacted U.S. Immigration and Customs Enforcement authorities with the information, and with details on when and where the workers would be in Albany for a deposition in their class action lawsuit.
As a result, ICE arrested and detained one of the workers during the lunchbreak of his deposition conducted by David Ip’s attorney.
“The U.S. Department of Labor takes allegations of retaliation very seriously and will not hesitate to take legal action to prevent employers from engaging in unlawful retaliation and recover damages for affected workers. Putting a stop to retaliation is a priority and the department stands ready to litigate aggressively against employers that violate the Fair Labor Standard Act’s anti-retaliation provisions,” explained Regional Solicitor of Labor Jeffrey Rogoff in New York.
“The Wage and Hour Division does not tolerate retaliation against workers. Employees have a right to engage in activities protected under the Fair Labor Standards Act, including filing a FLSA lawsuit, without fear of being punished or intimidated by their employer. Workers and employers alike who want to know more about their FLSA rights and responsibilities are encouraged to contact our office,” said Wage and Hour Division District Director Jay Rosenblum in Albany, New York.
The suit was filed August 25, 2022, in the U.S. District Court for the Northern District of New York.
Be Audit-Secure!
Lisa Smith, SPHR, SCP
Sign-up HERE and Save $110!
Here is what all you will get:
Boss Calls – Access to EVERY Boss Call – Past & Future.
HelpDesk for HR VAULT – Access to all 8 of our proprietary tools and applications to make your workday simple.
Forms, Docs, Policies and Procedures Library – 700+ samples you can download and edit to fit your needs.
U.S. ePoster Club – Download state, city, and local posters. Both required & recommended, for all 50 states & D.C.
Same-day email support – Write to our team of SPHR and SCP professionals with all your HR questions.
The post US DEPARTMENT OF LABOR SUES FORMER ALBANY RESTAURANT OWNER, OPERATOR TO END RETALIATION AGAINST WORKERS WHO FILED WAGE LAWSUIT appeared first on Your HelpDesk for HR .
Log in or Register to save this content for later.