
The U.S.
Department of Labor’s Wage and Hour Division investigated the
termination of a cook at La Iguana Restaurant in Portland that
occurred less than a week after the division informed the company it
owed $25,427 in back wages to nine employees for violations of the
Fair Labor Standards Act found in a previous investigation. An issue
that could have been simply avoided by the use of an inexpensive time
clock system that would integrate seamlessly with the restaurant
point of sale system.
The division’s investigation reviewed
alleged violations of the FLSA’s anti-retaliation protections. The
employer mistakenly believed the worker, employed by the company for
13 years, filed a complaint with the division. Federal law prohibits
an employer from firing or discriminating against any employee who
files a complaint with the division. The FLSA also protects employees
who complain about wage or safety issues to their employers or who
cooperate with federal investigations.
"We want to send a
very clear message to employers that retaliation will not be
tolerated, under any circumstances,” said Betty Campbell, regional
administrator for the Wage and Hour Division in the Southwest.
“Without strong protections for exploited workers who find the
courage to step forward, those subject to violations would remain in
the shadows. Undocumented workers are particularly vulnerable to
retaliation in the workplace. The law is very clear: the Wage and
Hour division enforces the law regardless of a person’s immigration
status.”