In December 2023, Su v. Milford Sports Bars, LLC, a noteworthy case, concluded with a ruling in favor of the U.S. Department of Labor, resulting in a payment of $359,000. The court awarded damages including back pay, interest, emotional distress damages, compensatory damages, and punitive damages for violations of the Fair Labor Standards Act (“FLSA”) and the Occupational Safety and Health Act (“OSHA”). Su v. Milford Sports Bars, LLC was recently highlighted by the Department of Labor’s (“DOL”) Boston Regional Solicitor’s Office as a case of particular import. This news alert examines specific steps employers should take to bolster their protections against retaliation claims asserted under the FLSA and OSHA.
The facts of the case are straightforward. The Defendants operated Champions Grill and Bar in Milford, Connecticut. In January 2022, the Defendants fired several employees shortly after those employees inquired about their compensation and spoke with an OSHA inspector who visited the restaurant the following day. One of the Defendants even threatened to fire any employees who complained about being paid or who spoke with OSHA or the DOL. In addition, the Defendants failed to pay some of the terminated employees for extra work they had completed before their termination.
The temporal connection between the protected activity — inquiring about their pay and speaking with an OSHA inspector — and the adverse action was evident in this case. The court had no trouble finding a causal connection because the events occurred on the same day or within a few days of each other, and no other explanation was provided. That being the case, the court found that Milford Sports Bars violated FLSA (Section 15(a)(3)) and OSHA (Section 11(c)) — both of which are statutes that protect against retaliation by an employer. It is worth noting that the FLSA violation was also based on the employers’ retaliation against the employees’ requests for their unpaid wages.
This is the first case addressing both FLSA and OSHA retaliation claims in a single action. It exemplifies aggressive DOL enforcement and coordination across wage/hour and safety issues. Employers must comply with wage-and-hour and workplace safety obligations, encouraging open communication and training to prevent similar exposures.
First, conducting internal policy reviews and training is crucial. Second, employers must work closely with their counsel to perform compliance checkups. Third, last but not least, employers must execute routine safety checks and address issues as they arise. Employers should think twice and consult with counsel before taking adverse action following an employee’s protected activities, such as those involving wages and safety.
If you have questions about anti-retaliation policies, wage-and-hour compliance, or workplace safety obligations, please contact David Gabor, Katherine Brustowicz, Denise Chicoine, or Johanna Matloff of The Wagner Law Group’s Employment Law and Human Resources practice. For more information, please visit our website at www.wagnerlawgroup.com.