Smoke Shop Chain Pays $50K To Fired Worker Who Asked For Owed OT

MANCHESTER, NH — The self-proclaimed No. 1 smoke shop in New England was ordered to pay punitive damages to a fired employee who requested back overtime pay while the company was also found to have stiffed four other employees on OT wages.

Smokers Haven and owner Brett Scott were ordered to pay $50,000 in punitive damages to a worker they terminated when the employee asked to be paid his rightfully earned overtime wages, according to the U.S. Department of Labor, Wage and Hour Division. The employee then filed a complaint with the federal government. An investigation by the department found Smokers Haven and Scott violated the anti-retaliation, overtime, and record-keeping requirements of the Fair Labor Standards Act.

The department filed a complaint in U.S. District Court and a consent judgment was issued. The company was also barred from future Fair Labor Standards Act violations.

The company paid the worker $50,000 as well as $2,177 in back pay for his period between jobs after the illegal discharge and $1,348 in overtime wages. The employer was also forced to pay four other employees $979 in overtime back wages.

“Employees have the right under the Fair Labor Standards Act to request payment of their hard-earned wages without fear of retaliation and termination,” Wage and Hour Division District Director Steven McKinney said. “The employer owed under $2,400 in overtime back wages, but must now pay $50,000 in punitive damages for unfairly punishing an employee who asked to be paid. We encourage employers and employees with questions about their respective responsibilities and rights to contact the Wage and Hour Division.”

The company did not return an email before post time seeking comment about the case.

Regional Solicitor of Labor Maia Fisher in Boston said the case and its punitive damages should send “a clear message to employers that the U.S. Department of Labor will not tolerate reprisals against employees for asserting their rights under the Fair Labor Standards Act.”

Smokers Haven has 10 locations in New Hampshire in Derry, Epsom, Keene, and Hooksett, and two locations in Laconia, Manchester, and Nashua. The company started in 2001 as a cigarette distributor and was one of the first stores in the state to offer “roll-your-own” supplies to customers. That business was sold later. After creating a new real estate investment company, Smokers Haven was created in 2014.

Employees with questions or complaints about wages or overtime issues can contact the department at 866-487-9243 confidentially.

Got a news tip? Send it to tony.schinella@patch.com. View videos on Tony Schinella's YouTube.com channel or Rumble.com channel.