News Brief
Department of Labor secures consent judgment prohibiting Massachusetts contractor from retaliating against employees
Date of action: Nov. 22, 2024
Type of action: Consent judgment and order
Employers: Evolution Group Inc., Junior Moreira de Lima, Vitor Moreira
147 Congress St., Milford, Massachusetts 01757
Allegations: The U.S. Department of Labor filed suit on March 7, 2024, alleging the construction contractor and two of its owners violated the Fair Labor Standards Act by failing to maintain records of employees’ wages and work hours, and retaliating against employees by instructing them not to cooperate with investigators from the department’s Wage and Hour Division and threatening to report to law enforcement employees who spoke with investigators.
Resolution: On Nov. 22, 2024, the court approved a consent judgment and order permanently enjoining the company and its owners from retaliating, taking adverse action or threatening any adverse action against any current or former employee because that employee exercises their FLSA rights, including speaking with the department. The order also forbids the employers from failing to maintain required records of employees’ pay and hours worked or making false or deceptive statements about any such records. The order also requires the employers to cooperate with future investigations by the division and to pay certain employees $35,000 in punitive damages plus applicable interest.
The consent judgment makes permanent many of the requirements of a preliminary injunction that the court approved in March 2024. Under the preliminary injunction, Evolution Group was required to provide employees a written notice of their FLSA rights in English, Portuguese and Spanish and allow a department representative to read the notice to the employees during paid working hours.
Read the consent judgment and order.
Court: U.S. District Court for the District of Massachusetts
Docket Number: 4:24-cv-40035-MRG
Quotes: “The Fair Labor Standards Act forbids retaliation so workers can stand up for their wage-related rights without facing threats or other negative consequences. The consent judgment in this case helps ensure that Evolution Group’s workers can assert their wage rights, including by cooperating with the U.S. Department of Labor,” said Regional Solicitor Maia S. Fisher in Boston. “The department will continue to take swift legal action to make sure that workers can speak up if they suffer wage theft or other violations of their rights under the Fair Labor Standards Act.”
“The court’s order lists numerous specific retaliatory acts that the defendants cannot take against employees. No employee should be retaliated against for invoking their rights under the Fair Labor Standards Act.,” said Wage and Hour Division District Director Carlos Matos in Boston. “The Wage and Hour Division encourages workers to contact us with questions and concerns about their FLSA rights. We can speak with workers in numerous languages.”
Background: Learn more about how the Wage and Hour Division protects workers against retaliation.
Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Employers and workers can call the division confidentially with questions, regardless of immigration status. The division can speak with callers in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Download the agency’s Timesheet App for iOS and Android devices in English or Spanish to ensure hours and pay are accurate.
