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Because bonuses did not preclude use of fluctuating workweek method, overtime award reversed

Because bonuses did not preclude use of fluctuating workweek method, overtime award reversed

By Marjorie Johnson, J.D. Reversing a district court’s grant of summary judgment in favor of an employee alleging he was denied overtime pay in violation of the FLSA, the Eleventh Circuit ruled that the employer’s practice of paying salaried nonexempt employees two types of bonuses—a night shift premium and holiday pay—on top of a fixed salary did not preclude it from using the fluctuating workweek (FWW) method of calculating overtime. After reviewing the statutory text, the U.S. Supreme Court’s decision in Missel, and regulatory guidance, the appeals court squarely rejected the employee’s contention that all payments to an employee other than overtime pay must be deemed part of his fixed salary, explaining that “compensation an employee receives is not the same as the fixed salary; the salary is a subset of the employee’s compensation” (Hernandez v Plastipak Packaging, Inc., October 13, 2021, Luck, R.). The employee worked at a plastic packaging company’s manufacturing facility and was classified as a salaried “nonexempt” employee. His weekly hours varied, and the employer paid him his full fixed biweekly salary of $1,964.99 regardless of total hours worked, while also paying him an overtime premium using the FWW method to calculate his overtime pay. Generous compensation package. Using a more generous FWW version to determine the employee’s overtime pay, the employer calculated his regular rate for a given week by dividing his weekly salary by 40, rather than by the total number of hours he actually worked that week. It also paid him his full regular rate for the overtime hours, even though the FLSA requires only that employees be paid a minimum of half the regular rate for those hours. The employee also received a $30 shift premium when he worked the night shift for a week. If he worked less than a full week on the night shift, the premium was prorated based on the number of night hours he had worked ($0.75 extra each hour). In addition, he received a “holiday pay” bonus. When he did not work on a holiday, he was credited for eight hours. If he did work on a holiday, he was credited as having worked an additional eight hours beyond the actual time he worked that day, so long as he worked the scheduled workdays before and after the holiday. District court proceedings. In 2017, the employee brought the instant action asserting violation of the FLSA’s overtime provisions. The district court granted summary judgment in his favor and awarded him $1,870.52, ruling that the employer was precluded from using the FWW method since it did not pay him “a fixed salary that does not vary with the number of hours worked” in a week; rather, his salary varied by the payment of the extra premium and bonuses. Faulty reasoning. The Eleventh Circuit disagreed and reversed, ruling after an extensive analysis “that providing an employee with additional compensation, like production bonuses or holiday pay, on top of his fixed salary is not inconsistent with the FWW method.” The appeals …

Sprouts Farmers Market to Pay $280,0000 to Settle EEOC Disability Discrimination Suits

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Sprouts Farmers Market to Pay $280,0000 to Settle EEOC Disability Discrimination Suits

DENVER, Colo. – SFM, LLC, doing business as Sprouts Farmers Market — which operates grocery stores in Colorado and other states — will pay $280,000 to three Deaf injured parties and provide other significant relief to settle lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) and Raymond Clark, the federal agency announced today. The lawsuits charged that Sprouts denied employment to applicants because of their disabilities and that Sprouts denied them reasonable accommodation in the application and hiring process.According to the lawsuits filed by the EEOC and Clark, after Sprouts managers contacted the applicants to interview them for available positions in Colorado, the applicants requested the assistance of an American Sign Language (ASL) interpreter for their interviews. The EEOC alleged Sprouts managers failed to make any arrangements for ASL interpreters and ignored the applicants when they followed up about their requests for an accommodation and the interviews.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability and also requires an employer to provide reasonable accommodation to applicants with disabilities unless doing so would cause significant difficulty or expense for the employer.

The EEOC filed suit in U.S. District Court for the District of Colorado, Civil Action No. 1:21-cv-02600 NYW, after first attempting to reach a pre-litigation settlement through its conciliation process and continued negotiations prior to filing suit. Clark joined in the EEOC’s lawsuit, which sought relief for the other two charging parties, and was represented by his own attorney. Under the three-year consent decree settling the suit, Sprouts will pay a total of $280,000 to resolve the claims in these lawsuits. The decree enjoins Sprouts from engaging in discrimination based on disability in the future; requires that Sprouts review and revise its ADA policies; adopt written guidance on reasonable accommodations; and provide ADA training. Sprouts will also send a letter of apology to each of the charging parties.  

 “We appreciate Sprout’s agreement to resolve this case without protracted litigation,” said Regional Attorney Mary Jo O’Neill of the EEOC’s Phoenix District Office. “This consent decree compensates the charging parties, and it will help build policies and practices that will ensure Sprouts affords equal employment opportunities to Deaf and hard-of-hearing individuals, including by providing reasonable accommodations during the hiring process and throughout the course of employment.”   

Field Director Amy Burkholder of the EEOC’s Denver Field Office said, “Deaf and hard-of-hearing people face barriers to employment not encountered by other applicants and employees. This settlement highlights the EEOC’s commitment to breaking down those barriers and ensuring Deaf and hard-of-hearing individuals are afforded equal employment opportunities.”   

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

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Investigation into worker’s severe arm injury finds Cusseta auto parts manufacturer, supplier willfully ignored safety precautions

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Investigation into worker’s severe arm injury finds Cusseta auto parts manufacturer, supplier willfully ignored safety precautions

October 15, 2021Investigation into worker’s severe arm injury finds Cusseta auto partsmanufacturer, supplier willfully ignored safety precautionsOSHA proposes $205K in penalties for Leehan America Inc.

CUSSETA, AL – A 64-year-old employee suffered an arm amputation, federal workplace safety investigators found, as a result of a Cusseta auto parts manufacturer and supplier’s willful failure to follow required safety standards.

The U.S. Department of Labor’s Occupational Safety and Health Administration determined the assembler, working at Leehan America Inc., sustained the severe injury when struck by a forklift on April 14, 2021. OSHA investigators cited the company with a willful violation after learning they allowed the forklift’s driver to operate the vehicle without training. In addition, OSHA cited Leehan America with a repeat violation when they found no machine guarding in place, an amputation hazard for which the agency cited the company in April 2018.

OSHA also found the company failed to ensure the use of energy control procedures and did not provide employees with lockout/tagout devices. Leehan America also failed to conduct forklift evaluations for operators that were trained at least every three years, and examine forklifts and remove unsafe vehicles from service as required.

OSHA has proposed $205,384 in penalties for Leehan America.

“Leehan America knew the requirements and willfully ignored them, and a worker suffered a life-changing injury,” said OSHA Area Director Jose Gonzalez in Mobile, Alabama. “Adding to the tragedy is the knowledge that if appropriate safety precautions were taken, the incident was preventable. There is no excuse for taking shortcuts that put workers’ safety and health in jeopardy.”

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s workers by setting and enforcing standards, and providing training, education and assistance. Learn more about OSHA.

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Media Contacts:

Eric R. Lucero, 678-237-0630, lucero.eric.r@dol.govErika B. Ruthman, 678-237-0630, ruthman.erika.b@dol.gov

Release Number:  21-1837-ATL (274)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

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Contractor faces 2 serious citations after US Department of Labor finds safety failures led to welder’s death at Bonner Bridge demolition project

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Contractor faces 2 serious citations after US Department of Labor finds safety failures led to welder’s death at Bonner Bridge demolition project

October 15, 2021Contractor faces 2 serious citations after US Department of Labor findssafety failures led to welder’s death at Bonner Bridge demolition project OSHA finds contractor overloaded bridge section, leading to collapse and fatal fall

RODANTHE, NC – A federal workplace safety investigation found that established procedures were ignored, causing a 42-year-old welder on the Bonner Bridge in Rodanthe to fall more than 50 feet to his death when the structure collapsed on April 14.

Employed by PCL Civil Constructors Inc., the worker was torch-cutting crossbeams on a section of the bridge where the company discarded concrete for removal. The concrete’s weight caused the structure to collapse and the welder to fall. PCL Civil Constructors is the lead contractor for the project, which includes dismantling sections of the bridge built in 1963.

The U.S. Department of Labor’s Occupational Safety and Health Administration cited PCL Civil Constructors with two serious violations for failure to use engineering surveys or calculations to control the structure’s stability and avoid unplanned collapses. OSHA also found the employer overloaded bridge sections beyond weight capacity and exposed workers to struck-by and crush-by hazards. OSHA has proposed $23,210 in penalties.   

“PCL Civil Constructors violated federal safety standards and a worker needlessly died as a result,” said OSHA Area Director Kimberley Morton in Raleigh. “If they had followed well-known standards, this tragic loss of life could have been prevented.”

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s workers by setting and enforcing standards, and providing training, education and assistance. Learn more about OSHA.

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Media Contacts:

Erika B. Ruthman, 678-237-0630, ruthman.erika.b@dol.govEric R. Lucero, 678-237-0630, lucero.eric.r@dol.gov

Release Number:  21-1827-ATL (275)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

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Class certification granted for American Airlines pilots on USERRA, breach-of-contract claims

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Class certification granted for American Airlines pilots on USERRA, breach-of-contract claims

By Tulay Turan, J.D. A federal district court in Pennsylvania granted a pilot’s motion for certification of a class action under Rule 23(b)(2), alleging violations of USERRA and breach of contract by American Airlines. The court certified a class of current and former American Airlines pilots, divided into three subclasses, seeking to enjoin the company from failing to credit or compensate short-term military leave the same as jury duty and bereavement leave for purposes of “eligible earnings” under the company’s profit sharing and 401(k) plans. The court, however, excluded non-pilots from the class due to differences in factual circumstances regarding compensation structure and amount of leave taken (Scanlan v. American Airlines Group, Inc., October 8, 2021, Bartle, H.). The employee, a pilot and an Air Force Reserve Major General, worked for American Airlines since 1999 and participated in the profit-sharing plan of the parent company, American Airlines Group (AAG), since 2016. Throughout his employment with American and while he has participated in the plan, he has taken periods of leave to perform his military service in the reserves. American does not pay its pilots when they take military or other types of leave except for jury duty or bereavement. Eligible earnings. Under the profit-sharing plan, the airline set aside 5 percent of its pre-tax earnings each year for pro rata distribution to qualifying employees based on each participant’s “eligible earnings” for that year. Eligible earnings are based on the participant’s “compensation” as defined by his or her applicable 401(k) plan. Earnings from paid leave are credited to the plan participants for purposes of this allocation. AAG may modify or terminate the plan at any time. Profit sharing is not guaranteed, and AAG has not had profits to distribute since 2019. AAG does not credit short-term military leave toward a participant’s eligible earnings under the plan when employees are not paid for such leave, but it does credit the leave and impute income for jury duty or bereavement. Thus, the employee and other similarly situated employees who have taken military leave received lower profit-sharing awards than they would have received if credit had been given credit for such leave. USERRA claims. The employee brought this putative class action alleging in Count I that AAG’s policy of not crediting short-term military leave to participants’ eligible earnings for purposes of its plan but doing so for jury duty and bereavement leave violates USERRA. In Count III, the employee alleged American’s failure to pay its employees for short-term military leave while paying its employees for leaven taken for jury duty or bereavement violates USERRA. In denying defendants’ earlier motion to dismiss Counts I and III, the court explained that compensation for short-term military leave is a right and benefit within the meaning of USERRA. In Count II, the employee alleges breach of contract based on the language of the profit-sharing plan. He alleges that AAG is violating the terms of the plan by not including credit or imputed income for American pilots’ short-term military …

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US Department of Labor proposes $83K in fines to healthcare facility for failing to protect workers from coronavirus hazards

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US Department of Labor proposes $83K in fines to healthcare facility for failing to protect workers from coronavirus hazards

October 14, 2021US Department of Labor proposes $83K in fines to healthcarefacility for failing to protect workers from coronavirus hazardsFollow-up inspection results in respiratory protection violations, lack of hazard assessment

BLOOMINGDALE, IL – A Bloomingdale nursing facility failed to protect employees and temporary staff from possible coronavirus hazards a year after an employee died of the disease.

The U.S. Department of Labor’s Occupational Safety and Health Administration initiated a follow-up inspection at West Suburban Nursing and Rehabilitation Center LLC on July 28, 2021, under the National Emphasis Program for Coronavirus Disease 2019 and the Emergency Temporary Standard for Healthcare. The agency cited one repeat and five serious health violations and proposed $83,675 in penalties. In June 2020, an employee died after exposure to coronavirus.

OSHA determined West Suburban required employees to wear N95 filtering face piece respirators while entering the quarantine area and providing care to suspected coronavirus positive residents. However, it failed to ensure proper use of respirators and fit test all employees to ensure an effective seal, as required.

“Simply wearing a respirator is not enough. Employers must ensure respirators fit correctly and maintain a face-to-face piece seal to ensure they protect the user from the spread of infectious diseases,” said OSHA Area Director Jake Scott in Naperville. “After more than a year of fighting this pandemic, employers should know the procedures to minimize workers’ risk of exposure and take every precaution.”

OSHA also determined the facility failed to implement a hazard assessment process to evaluate for potential coronavirus exposure, track vaccination status of employees, erect barrier and control procedures to maintain 6 feet of distancing between employees at entry points and nursing stations, and control access to the quarantine zone by staff and patients.

West Suburban Nursing and Rehabilitation Center provides skilled nursing care and non-acute rehabilitation services.

Learn more about OSHA and the agency’s resources on coronavirus protection. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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Media Contacts:

Scott Allen, 312-353-4727, allen.scott@dol.gov
Rhonda Burke, 312-353-4807, burke.rhonda@dol.gov
Release Number: 21-1791-CHI

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

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For the 6th time in 7 years, federal inspectors find Illinois contractor putting construction workers at risk of industry’s deadliest hazard

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For the 6th time in 7 years, federal inspectors find Illinois contractor putting construction workers at risk of industry’s deadliest hazard

October 14, 2021For the 6th time in 7 years, federal inspectors find Illinois contractorputting construction workers at risk of industry’s deadliest hazardEmerald Inc. cited for 8 violations at Elk Grove Village work site, faces $229K in penalties

ROSELLE, IL – For the sixth time in seven years, a federal workplace inspection has found a Roselle construction contractor putting workers at risk of serious injury or death by defying federal requirements to ensure the use of fall protection.

On April 16, 2021, U.S. Department of Labor’s Occupational Safety and Health Administration inspectors observed employees of Emerald Inc. without fall protection while performing framing and carpentry work at a residential townhome development under construction in Elk Grove Village.

OSHA cited the company for one willful, five repeat and two serious safety violations, and proposed $229,792 in penalties. OSHA identified similar hazards present at Emerald Inc. work sites in February 2021, May 2020, February 2018, December 2017 and October 2017, and issued citations. The company has failed to resolve the issued citations, leading OSHA to refer $172,521 in unpaid penalties to debt collection.

“Working from heights is among the most dangerous jobs in construction. Emerald Inc.’s continued failure to follow federal safety laws requiring the use of fall protection risks the lives and livelihoods of its workers,” said OSHA’s Chicago North Area Director Angeline Loftus in Des Plaines, Illinois. “OSHA standards are designed to prevent workers from suffering serious and life threatening injuries from workplace falls. Employers in the construction industry must ensure required fall prevention methods and equipment are used, and must train workers on their proper use.”

In addition to the fall protection violation, OSHA found the crew working without required eye protection and hard hats, and exposed to fall hazards due to improper ladder use and lack of stair rails. Inspectors also noted Emerald Inc. failed to train employees on fall hazards and in the safe use of powered industrial vehicles.

In 2019, the Bureau of Labor Statistics reported that 1,061 construction workers died on the job, 401 after a fall from elevation. In Fiscal Year 2020, fall protection was the standard most frequently cited by OSHA in construction industry inspections.

OSHA’s stop falls website offers safety information and video presentations in English and Spanish to teach workers about hazards and proper safety procedures.

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Learn more about OSHA.

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Media Contacts:

Scott Allen, 312-353-4727, allen.scott@dol.gov
Rhonda Burke, 312-353-4807, burke.rhonda@dol.gov

Release Number: 21-1861-CHI

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

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US Department of Labor investigation of crane collapse, double fatality on Interstate 10 finds Lufkin company failed to assemble crane properly

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US Department of Labor investigation of crane collapse, double fatality on Interstate 10 finds Lufkin company failed to assemble crane properly

October 14, 2021US Department of Labor investigation of crane collapse, double fatalityon Interstate 10 finds Lufkin company failed to assemble crane properlyOSHA finds three willful, two serious violations; proposes $212K in penalties

BEAUMONT, TX – A Lufkin contractor’s failure to assemble a crane boom properly caused the crane to collapse onto a passing vehicle on Interstate 10 near Beaumont, killing the two occupants in April 2021.

An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration determined Hemphill WBE Pile Driving Co. Inc. was installing supports for an elevated section of the highway at the time of the incident. OSHA found the operator failed to determine the correct weight of the load while using the crane to retrieve a helmet box and hammer driven 3 feet into the ground. The incorrectly assembled boom buckled and landed on the vehicle.

OSHA cited the company for three willful and two serious violations, including operating a crane beyond its rated load capacity and failing to assemble the boom properly. The company faces $212,599 in proposed penalties.

“Two people died senselessly because Hemphill Pile Driving failed to follow assembly instructions and federal regulations. They endangered their employees and every person driving on this section of Interstate 10,” said OSHA Area Director Mark Briggs in Houston. “Employers are responsible for ensuring they follow safety and health rules and conduct operations in a manner that keeps workers and others safe.”

Incorporated in 1989, Hemphill WBE Pile Driving Co. Inc. specializes in pile driving. The contractor has approximately 11 employees.

The company has 15 business days from receipt of citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Learn more about OSHA requirements for cranes and derricks in construction.

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Media Contacts:

Chauntra Rideaux, 972-850-4710, rideaux.chauntra.d@dol.govJuan J. Rodríguez, 972-850-4709, rodriguez.juan@dol.gov

Release Number: 21-1826-DAL

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

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EEOC Adds Seven New Translations for its Website

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EEOC Adds Seven New Translations for its Website

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that key online resource documents have been translated into seven additional languages and are now available to help improve access for people with limited English proficiency.In addition to the existing Spanish translations, the EEOC provides key documents, fact sheets, and publications in Arabic, simplified Chinese, Haitian Creole, Korean, Russian, Tagalog and Vietnamese on eeoc.gov.

“The United States is growing ever richer in its diversity,” said EEOC Chair Charlotte A. Burrows. “The EEOC is committed to ensuring that all workers and job seekers understand their right to be free from illegal harassment, discrimination, and retaliation. Providing EEOC resources in additional languages reflective of our national diversity is critical to that commitment.”

In its governing statute, the EEOC has a mandate to conduct educational and outreach activities targeted to individuals who historically have been victims of employment discrimination, including those employees who read and speak in languages other than English.

The seven new languages were selected based on needs identified by EEOC’s field offices, as well as data from the U.S. Census Bureau on populations with limited English proficiency.  In the future, the agency will continue to identify additional languages which should be made available in order to better serve the public.  

The EEOC has long recognized the importance of educating workers who speak languages other than English about their rights and how to reach the EEOC for assistance – and that these protections apply regardless of a person’s immigration or citizenship status.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

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US Department of Labor sues Austin luxury car dealer that retaliated against employee who raised concerns of coronavirus hazards

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US Department of Labor sues Austin luxury car dealer that retaliated against employee who raised concerns of coronavirus hazards

October 13, 2021US Department of Labor sues Austin luxury car dealer that retaliatedagainst employee who raised concerns of coronavirus hazardsHi Tech Motorcars LLC terminated employee for warning managers, coworkers

AUSTIN, TX – The U.S. Department of Labor has filed suit against an Austin luxury car dealer for terminating an employee who warned managers and other co-workers about potential coronavirus hazards in the workplace.

The action follows an investigation by the department’s Occupational Safety and Health Administration that found Hi Tech Motorcars LLC, Hi Tech Imports LLC and Hi Tech Luxury Imports LLC violated the Occupational Safety and Health Act when it retaliated against the worker in December 2020.

After learning a co-worker had tested positive for coronavirus, the employee requested that management notify other employees immediately of their risk of exposure. When management did not take action, the employee sent an email to all company employees about the potential hazards. Less than an hour later, the employer terminated the employee.

OSHA found the employee exercised their legal rights under section 11(c) of the OSH Act, and that the termination was illegal. In its filing in U.S. District Court for the Western District of Texas, Austin Division, the department seeks reinstatement, lost wages and benefits resulting from the termination, reimbursement for costs and expenses, compensatory damages, and exemplary or punitive damages.

“No worker should ever fear losing their job for raising workplace safety and health concerns,” said OSHA Regional Administrator Eric S. Harbin in Dallas. “OSHA’s investigation and U.S. Department of Labor’s action in this case show we will enforce these protections vigorously.”

“This employee acted out of real concern for their safety and that of their coworkers, and their actions are protected under federal law,” said Regional Solicitor of Labor John Rainwater in Dallas. “The law also protects whistleblowers from retaliation by their employer and holds employers accountable when they do.”

OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of 25 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, criminal antitrust, and anti-money laundering laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

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Editor’s note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.

Media Contacts:

Chauntra Rideaux, 972-850-4710, rideaux.chauntra.d@dol.govJuan J. Rodríguez, 972-850-4709, rodriguez.juan@dol.gov

Release Number: 21-1842-DAL

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

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