US Labor Department seeks reinstatement, back pay, damages from leading building materials company for Texas quarry worker

Date of Action: Sept. 29, 2016

Type of Action: Lawsuit filing

Name of Defendant: Martin Marietta Materials Inc.

Allegation: The U.S. Department of Labor has sued Martin Marietta Materials Inc. after an investigation by the department’s Wage and Hour Division found that the employer violated the Family Medical Leave Act.

Investigators from the division’s San Antonio District Office found that Martin Marietta wrongfully denied the complainant the right to reinstatement by refusing to restore him to his original position, or by offering an equivalent position within the company. The FMLA gives employees the right to take up to 12 weeks of leave and the right to be restored to his or her original position, or to a position equivalent in benefits, pay, and conditions of employment upon return from leave. Federal law prohibits any employer from interfering with, restraining or denying the exercise of – or the attempt to exercise – any right provided under this title.

Quote: “Workers should not have to choose between their jobs and their health,” said Betty Campbell, regional administrator for the Wage and Hour Division in the Southwest. “The law is very clear on these matters: employees must be allowed to take FMLA without fear that they will lose their job. This lawsuit demonstrates that the division will use every enforcement tool available to make sure employees are not denied their rights under the law.”

Resolution: The department seeks reinstatement for the employee and $12,886 in back wages and liquidated damages, and an injunction against future FMLA violations by Martin Marietta.

Background: Based in Raleigh, North Carolina, Martin Marietta Materials is a leading supplier of aggregates and heavy building materials, with operations spanning 26 states, Canada and the Bahamas. The company currently employs 330 workers in the San Antonio area.

Court: U.S. District Court for the Western District of Texas, San Antonio Division

Docket Number: 5:16-cv-961