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OPA News Release: [06/17/2002]
Contact Name: Sue
Hensley
Phone Number: (202) 693-4676
Labor Department Files Charges of Retaliation
Against Danmar
Finishing Corp.
NEW YORK – The U.S. Department of Labor announced today the filing
of another lawsuit against a Brooklyn garment factory located at 456 Johnson
Avenue in the Bushwick section of Brooklyn for violations of the Fair Labor
Standards Act (FLSA).
The complaint filed in the U.S. District Court, Eastern District of New
York alleges that the defendants violated Section 15(a)(3) of the FLSA when
they fired employee Maria Arriaga and further discriminated against Ms. Arriaga
and other employees for filing a complaint, testifying, or preparing to testify
in proceedings related to an investigation under the FLSA.
The complaint names Danmar Finishing Corp. and its principals Dragisa
Dimitraskovic, Mica Jankovic, and Jelena Dimitraskovic. An earlier Labor
Department complaint against the defendants was filed on May 1 and alleges
willful violations of the overtime and record keeping provisions of the FLSA.
The two complaints follow an investigation by the Wage and Hour Division’s
office in New York City.
The FLSA makes it unlawful to fire or in any other manner discriminate
against an employee for filing a complaint or participating in a legal
proceeding under the FLSA. Maria Arriaga had been employed by the defendants as
a sewing machine operator since at least 1992. The complaint states that the
defendants observed Ms. Arriaga speaking to a Labor Department investigator who
was conducting an investigation on the defendants’ premises in January
2002. In February, the defendants reduced Ms. Arriaga’s weekly
compensation by switching her from an hourly compensation rate to piece rate
and assigning her less work. Ms. Arriaga was fired by the defendants on April
13.
The complaint also alleges that during February, the defendants
distributed and asked each employee to sign a statement, which falsely asserted
that the employee had received all pay, including overtime, that he or she was
entitled to. Employees who refused to sign the defendants’ statement were
not assigned overtime work, which had the effect of reducing their total weekly
earnings. This discriminatory conduct was allegedly in retaliation for the
employees’ refusal to make false no-violation statements during the course
of the Labor Department’s investigation.
The Labor Department seeks the immediate reinstatement of Maria Arriaga
and a permanent injunction restraining any future discriminatory discharges by
the defendants or any other discriminatory practice prohibited by the FLSA.
Finally, the complaint seeks an injunction restoring the amount of lost wages
due Ms. Arriaga and other employees as a result of the discriminatory
actions.
“Discriminatory actions such as these have a chilling effect on
already vulnerable workers who seek only their rightful pay for hours
worked,” stated Tammy McCutchen, administrator of the Wage and Hour
Division. “We will take whatever action is necessary to protect
employees’ rights to testify and cooperate freely with Wage and Hour
Investigators in determining a firm’s compliance with minimum wage and
overtime.”
“It makes no sense to exacerbate the Wage and Hour compliance
problems by concealment and intimidation of employees” McCutchen added.
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U.S. Labor Department news releases are accessible on the Internet at
www.dol.gov. The information in this release
will be made available in alternate format upon request (large print, Braille,
audio tape or disc)from the COAST office. Please specify which news release
when placing your request. Call 202-693-7773 or TTY 202-693-7755.
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