$65K In Damages To Be Paid By Bergen Co. Staffing Agency, NJ Court Orders

LYNDHURST, NJ – A Lyndhurst staffing agency was ordered to pay $65,000 in damages to an employee who was fired after raising concerns about not getting paid for all hours worked, the U.S. Department of Labor said.

Advantix Logistics Corp. fired the employee in February 2022, because he complained to his supervisor that he was not paid for all hours worked, the Labor Department said.

Advantix, the department added, continued to threaten the worker when he asked why his final paycheck did not include all wages earned, and tried to stop workers from cooperating with the investigation of the company's pay practices. These actions violated the Fair Labor Standard Act's anti-retaliation and investigatory provisions.

A consent judgment from the U.S. District Court for the District of New Jersey requires Advantix to pay the employee damages and forbids the company from taking future retaliatory actions in violation of the labor law. The judgement comes after a lawsuit filed by the department, and a temporary restraining order in April 2022.

“Federal law protects workers’ rights to come forward and make a complaint when employers deny them their hard-earned wages and prevents employers from retaliating or intimidating those who raise concerns,” Wage and Hour Division District Director Paula Ruffin in Mountainside, New Jersey, said. “The Wage and Hour Division will vigorously investigate complaints of improper pay practices or illegal retaliation by employers and enforce the law.”

The court also ordered Advantix not to retaliate against, or intimidate in any way, current and former employees who complain about pay, speak with investigators, or otherwise assert their FLSA rights. The judgment also prohibits the employer from taking any actions to obstruct departmental investigations.

“The outcome of this case makes clear the U.S. Department of Labor does not tolerate illegal retaliation that interferes with workers’ rights and protections under the Fair Labor Standards Act,” Regional Solicitor of Labor Jeffrey Rogoff in New York said. “The Department of Labor will act aggressively to stop employers from retaliating against their employees and make it clear that retaliating against workers can have very costly consequences and will seek punitive damages when appropriate.”