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OPA News Release: [08/09/2002]
Contact Name: Kathleen
Harrington
Phone Number: (202) 693-4676
Labor Department Enforces Worker Rights
Progress in Two Enforcement Cases This
Week
WASHINGTON - The U.S. Department of Labor took several actions this week
to enforce the rights of low-wage workers, successfully achieving reinstatement
for a garment worker in New York City and filing a complaint to recover
overtime back wages for an undocumented alien on the West Coast.
When Maria Arriaga was fired from Danmar Finishing Corp., the Department
filed a motion in federal district court alleging retaliation based on Ms.
Arriaga's cooperation in a Labor Department investigation and seeking immediate
reinstatement. Last week, Judge David G. Trager, of the U.S. District Court for
the Eastern District of New York ordered Ms. Arriaga's immediate reinstatement
pending a full hearing. The following day, Ms. Arriaga was taunted and
threatened by other employees, and Danmar refused to return her to work. The
department then filed a contempt motion seeking back pay for Ms. Arriaga, a
$10,000 daily fine until Ms. Arriaga was returned to work, and a Special Master
to monitor the defendants' compliance.
On Thursday, after the presentation overwhelming showing of retaliation,
defendants agreed to reinstatement. Judge Trager also ordered defendants to pay
back pay to Ms. Arriaga. The order was read to more than 40 employees in the
courtroom in English and Spanish together with an explanation of the minimum
wage, overtime and anti-retaliation provisions of the Fair Labor Standards Act.
Judge Trager is expected to rule on the contempt motion and the scope of the
remedies to be awarded.
"The firm's behavior in defiance of the Court Order was further evidence
of its continued disregard of the law. The department is committed to continue
prosecuting this case to obtain additional relief for Ms. Arriaga and other
Danmar employees," stated Tammy D. McCutchen, the Wage and Hour Division's
Administrator.
The department continued its aggressive pursuit of relief for low-wage
workers on the West Coast, filing a complaint today in federal district court
in Eugene, Oregon, against a Ye Olde Pancake House. The employer had refused to
pay back wages to an undocumented worker who had not been paid for hours worked
over 40 in a week. The employer argued that it did not owe back wages based on
a recent Supreme Court decision, Hoffman Plastic Compound, Inc. v. NLRB, where
an undocumented worker was fired for organizing activity was not due back pay
for the period following his illegal termination. The department distinguished
that ruling, saying it does not apply when it seeks back wages for hours
actually worked. As a result of the Department's intervention, the firm orally
has agreed to an injunction and payment of $3,000 in back wages and interest.
It is anticipated that a Consent Judgment will be filed in the next two
weeks.
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