Labor Department files lawsuit against No-Dig Tec LLC in Dallas for workplace retaliation

Date of Action: Jan. 26, 2015

Type of Action: Lawsuit for violating anti-retaliation provisions of the Fair Labor Standards Act

Name(s) of Defendant: No-Dig Tec, LLC and John Newell, President

Allegations: The U.S. Department of Labor has filed a lawsuit against No-Dig Tec LLC and its president John Newell for violating the Fair Labor Standards Act's anti-retaliation clause which protects workers from being retaliated against for exercising their rights under the FLSA. An investigation conducted by the Wage and Hour Division's Dallas District Office found that two of the company's workers were wrongfully terminated after questioning their employer's pay practices and filing a complaint with the Wage and Hour Division. No-Dig Tec is an underground utilities contractor specializing in trenchless technology or 'pipe bursting.'

Resolution: The Department is seeking lost wages, an equal amount in liquidated damages, employment reinstatement and other appropriate remedies for the two workers to which they may be entitled under the law due to the unlawful terminations.

Quote: "There is compelling evidence that No-Dig Tec illegally fired employees for exercising their rights under the Fair Labor Standards Act," said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. "This lawsuit sends a clear message to workers that the Wage and Hour Division is here to protect them and that we will use all available enforcement tools, including litigation, to stop employers from engaging in retaliatory conduct."

Court: U.S. District Court for the Northern District of Texas — Dallas Division

Civil Action No: 3:15-cv-248