February 28, 2024

Judge orders former Elmhurst pre-school to reimburse employee retirement, health plans $43K

Date of Action         Feb. 28, 2024

Type of Action:         Employee Retirement Income Security Act default judgment

Company/Owners:    Elmhurst Academy of Early Learning Inc.

                                    Colleen Odegaard

                                    Elmhurst Academy of Early Learning Simple IRA Plan

February 27, 2024

Judgment removes president of defunct Cherry Hill manufacturer as 401(k) plan fiduciary, appoints independent fiduciary to distribute $47K in assets

Date of action:           Feb. 7, 2024

Type of action:          Motion for default judgment granted  by the U.S. District Court for the District of New Jersey. The action follows a complaint and motion filed by the U.S. Department of Labor on June 15, 2023.

Defendants:               Marlton Pike Precision LLC 401(k) and profit-sharing plan

February 26, 2024

US Department of Labor obtains judgment requiring defunct Westmoreland County company, president to restore $40K to its health plan

Date of action:           Feb. 8, 2024

Type of action:          Motion for default judgment issued by the U.S. District Court for the Western District of Pennsylvania. The action follows a complaint and motion filed by the U.S. Department of Labor in November 2022.

February 23, 2024

Administrative Law Judge upholds US Department of Labor findings of child labor violations, $38K fine for upstate New York water park

Date of action:                       Feb. 13, 2024

 Type of action:                      Summary decision

 Names of defendants:           Zoom Flume Water Park LLC (in East Durham, New York)

February 21, 2024

New York landscaping company to pay $1.1M after US Department of Labor uncovers overtime, H-2B program violations

LONG ISLAND, NY – A U.S. Department of Labor investigation has found that a Southampton landscaping company failed to comply with requirements of the Fair Labor Standards Act and the federal H-2B worker program and will recover over $1 million in back wages and liquidated damages for 54 underpaid workers.

February 9, 2024

US Department of Labor recovers $151K in back wages, damages for 64 guards at Northville, Michigan, security company

Employer:      Koda Group Inc.

                        200 North Center St.

                        Northville, MI

Actions:          Fair Labor Standards Act consent judgment

Court:             U.S. District Court for the Eastern District of Michigan              

February 7, 2024

Federal court orders Portland restaurants to pay $540K to employees after illegally splitting tips

Employer:              Pizzicato Inc.

                                    121 South Bancroft St.

February 6, 2024

US Department of Labor obtains emergency court order to protect retirement plan assets; alleges Pittsburgh company, owner embezzled over $5.5M from plans

Date of action: February 5, 2024

Type of action: An emergency temporary restraining order issued by the U.S. District Court for the Western District of Pennsylvania in Pittsburgh, Pennsylvania. The action follows a complaint and motion filed by the U.S. Department of Labor on January 26, 2024.

February 5, 2024

US Department of Labor recovers $181K for 70 nurses, assistants denied overtime after Michigan company misclassifies them as contractors

Employers:    Reliance Staffing LLC, Fahim Uddin, owner

Actions:          Fair Labor Standards Act consent judgment

Courts:           U.S. District Court for the Eastern District of Michigan 

January 31, 2024

US Department of Labor obtains judgment to recover $100K in retirement funds and interest from Bay Area dentist

SAN FRANCISCO – The U.S. Department of Labor has obtained a default judgment against Paul G. Fillet DMD Inc. and Dr. Paul G. Fillet for having unlawfully withdrawn more than $85,000 of employees’ retirement money from an employer-sponsored plan and abandoned the plan, preventing two participants from accessing roughly $160,000 in retirement savings.

January 30, 2024

Federal court orders coal producer retirement plan trustees to pay $637K in restitution for unremitted contributions, unlawfully diverted funds

MILTON, WV – The U.S. Department of Labor obtained a consent judgment and order in federal court requiring the trustees of coal producer Blackjewel LLC’s 401(k) plan to pay $637,014 in equitable restitution after an investigation found they violated fiduciary duties under the Employee Retirement Income Security Act of 1974.

January 30, 2024

Department of Labor reaches settlement to resolve $1.2M in medical claims unpaid by Revelation Energy LLC health care plan, affiliated entities

MILTON, WV – The U.S. Department of Labor’s Employee Benefits Security Administration has entered into a settlement agreement to resolve more than $1.2 million in unpaid medical claims by the Revelation Energy LLC health care plan based in Milton.

January 25, 2024

Federal court holds Grand Rapids Subway owner in contempt for failing to comply with US Department of Labor subpoena for wage investigation

 

Employers:    Superior Ventures Unlimited LLC ‒ operating as Subway 

                        Miranda Barajas-Brazil 

                        

Actions:          U.S. Department of Labor enforcement of an administrative subpoena issued for Fair Labor Standards Act investigation

Courts:           U.S. District Court for the Eastern District of Michigan, Southern Division

January 25, 2024

Federal court sanctions Wisconsin hospitality group for failing to comply with US Department of Labor subpoenas

Employers:    

Arora Hospitality Group LLC

Banee Corporation

Harjap Hospitality Group LLC 

MKE Oil Corporation

Oshkosh Hospitality Group LLC 

Hardeep Arora                        

Actions:          U.S. Department of Labor enforcement of an administrative subpoena issued under the Fair Labor Standards Act as part of an ongoing investigation

January 24, 2024

Federal court holds Nebraska contractor in contempt, orders daily fine until he complies with US Department of Labor subpoena

LINCOLN, NE – A federal court has issued an order holding a Nebraska roofing contractor — who has stalled federal investigators for nearly a year — in contempt of court and imposing a fine of $100 a day if he fails to comply with a subpoena to provide the U.S. Department of Labor’s Occupational Safety and Health Administration with documents necessary for an investigation of an employee's fall off a residential roof in Lincoln in February 2023.

January 17, 2024

Proviso Township High School District 209 agrees to pay $111K in back wages, damages to 46 security guards denied overtime

FOREST PARK, IL – For the fourth time since 2007, Proviso Township High School District 209 has been found in violation of the Fair Labor Standards Act, this time for failing to pay public school security guards overtime wages.

January 12, 2024

Court enters consent order for contractor to pay $13K in back pay, punitive damages for retaliating against employee

HARTFORD, CT – After an investigation by the U.S. Department of Labor, a federal court entered a consent judgment requiring a government contractor based in New Bern, North Carolina, to pay a total of $13,085 in back pay and punitive damages to an employee for violating the anti-retaliation provisions of the Fair Labor Standards Act

January 12, 2024

Staten Island health center will pay $195K to former employee who reported concerns of risk of in-person staff meeting as pandemic grew

NEW YORK – In March 2020, as COVID-19 became a global pandemic, an employee of a Staten Island community health center asked permission to allow a regularly scheduled meeting to be held by teleconference – and then changed the format of the meeting to teleconference – rather than meeting in-person in a windowless conference room.

January 10, 2024

US Department of Labor files suit against defunct Baltimore payroll processing company for failure to remit employee contributions to 401(k) plan

Date of Action:          January 8, 2024

Type of Action:         Complaint

Company:                  iProcess Online Inc. and Chief Operating Officer and Human Resources Director Michelle Leach-Bard