NEW YORK, NY – The U.S. Department of Labor has reached agreements to resolve three lawsuits with First Bankers Trust Services Inc. (FBTS). The lawsuits alleged that FBTS violated the Employee Retirement Income Security Act (ERISA) when it approved stock purchases by three Employee Stock Ownership Plans (ESOPs). As part of the agreements, FBTS will pay $15.75 million to the plans and reform its procedures for handling ESOP transactions.

BOSTON, MA – A Chestnut Hill restaurant and its owner will pay $141,132 in back wages and an equal amount in liquidated damages to 15 employees in a settlement with the U.S. Department of Labor. Café Misono Inc. and owner Kenneth Lee have also amended their pay practices to comply with federal Fair Labor Standards Act (FLSA) requirements. They will also pay a $7,000 civil money penalty to the Department.

NEW YORK, NY – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and Acme Parts, Inc., of Brooklyn have reached a settlement agreement to improve Acme Parts’ workplace safety and health.

OSHA found high levels of lead throughout the facility presenting serious lead hazards to employees.  Workers who ingest or inhale lead are at risk of serious lead-induced health hazards, including hypertension; cardiovascular, kidney, and neurological diseases; adverse reproductive effects; and cancer.

SPRINGFIELD, MA – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and Shield Packaging Co. Inc., ASI Staffing Group Corp., and Southern Mass Staffing have reached agreements to correct hazards and enhance safety following a May 2016 incident in which an employee was injected with a flammable propellant gas.

BOSTON, MA – A Gloucester seafood processor will pay $90,000 in back wages and an equal amount in liquidated damages to 60 employees to rectify violations identified during an investigation by the U.S. Department of Labor’s Wage and Hour Division.

SYRACUSE, NY – The U.S. Department of Labor’s Occupational Safety and Health Administration and TOMRA NY Recycling LLC have reached a stipulated settlement agreement to improve workplace safety requiring the company to institute enhanced safety measures to prevent employee exposure to blood or other infectious materials.

NEW YORK, NY – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has entered into a consent decree with B&H Foto & Electronics Corp. to resolve allegations of systemic hiring, compensation, and promotion discrimination, as well as harassment, at the company’s Brooklyn Navy Yard warehouse.

BOSTON – An enterprise operating six limited-service restaurants with pizza delivery in Worcester, Shrewsbury, and Auburn has paid $292,016 in back wages and an equal amount in damages for 73 employees. It has also amended its payroll practices to comply with federal Fair Labor Standards Act requirements in an agreement with the U.S. Department of Labor.

NEW YORK – The U.S. Department of Labor and a third-party administrator that provides employee health benefit plans with access to a network of doctors, hospitals and other medical providers have reached an agreement in which the administrator has committed to improve its communications with health plans and to return certain fees the plans paid for claims administration that the department alleged were not fully disclosed to the plans.

Type of Action: Consent order and judgement

Names of Defendants: Ditch Witch Equipment of Tennessee Inc.
Aubrey Needham

BOSTON – A federal appeals court has affirmed that Pan Am Railways, Inc., must pay $260,000 in punitive and compensatory damages to – and take corrective action on behalf of – an employee who was subjected to retaliation for filing a Federal Railroad Safety Act whistleblower complaint.

NEW YORK – The U.S. Department of Labor has obtained a consent judgment in federal court requiring a New York City design and construction company and its owners to pay $726,989 in back wages and liquidated damages to 184 employees and take other corrective actions to resolve past overtime and recordkeeping violations of the federal Fair Labor Standards Act.

BOSTON – An administrative law judge with the independent Occupational Safety and Health Review Commission has ruled that two Massachusetts contractors – A.C. Castle Construction Co. Inc. and Daryl Provencher, doing business as Provencher Home Improvements – were operating as a single employer at a Wenham worksite when three employees were injured in October 2014.

NEW YORK – A federal judge, presiding over a U.S. Department of Labor lawsuit, has found that First Bankers Trust Services Inc. breached its duties of prudence and loyalty to the participants of an employee stock ownership plan sponsored by a New Jersey paving and building site preparation company when it caused the plan to overpay $9.4 million for shares of the company’s stock.

BOSTON – The U.S. Department of Labor has secured a consent judgment in federal court ordering two Gloucester-based fish processors – Zeus Packing Inc. and Cape Ann Seafood Exchange Inc. – and the companies’ owner Kristian Kristensen to pay over $200,000 in liquidated damages to more than 100 employees to resolve violations of the Fair Labor Standards Act.

BOSTON – Robert Higgins and Kelvin Mattocks died on Oct. 21, 2016 in Boston, when the approximately 12-foot deep trench in which they were working collapsed, breaking an adjacent fire hydrant supply line and filling the trench with water in a matter of seconds.

BOSTON – The U.S. Department of Labor and UnWrapped, Inc. have reached a settlement agreement that will allow employees of the Massachusetts sewing factory to recover $890,021 in back wages and liquidated damages to resolve past violations of the federal Fair Labor Standards Act.

NEW YORK – The U.S. Department of Labor filed a lawsuit against JPMorgan Chase & Co., alleging that the financial institution systematically discriminated against female employees in certain professional positions by compensating them less than their male counterparts. The suit maintains that JPMorgan’s compensation policies and practices violated Executive Order 11246, which prohibits federal contractors from discriminating in employment on the basis of sex.

BOSTON – The National Railroad Passenger Corp., better known as Amtrak, retaliated against a supervisory special agent in its inspector general’s office when he raised concerns about railroad safety, fraud and abuse involving an Amtrak contractor and when he supported a fellow agent’s safety concerns during an internal investigation, the U.S. Department of Labor’s Occupational Safety and Health Administration has found.

NEW YORK – A hotel management company and the company which supplied employees to nine of its New York City hotels have agreed to resolve an investigation by the U.S. Department of Labor’s Wage and Hour Division that found violations of the minimum wage, overtime and recordkeeping requirements of the Fair Labor Standards Act.