FLSA retaliation: What a $39K mistake looks like

Remember the Georgia employer who dumped 500 pounds of oily pennies on the driveway of a former employee who complained to the DOL after he didn’t receive his final paycheck? Did that amount to FLSA retaliation?

As you might’ve guessed, the company’s response didn’t go over too well.

DOL: Stunt looks like FLSA retaliation

Who was involved: 811 Autoworks LLC, an auto repair shop operating as AOK Walker Luxury Autoworks in Georgia, along with its owner Miles Walker and nine employees.

What happened: According to a lawsuit filed by the DOL, an employee resigned from the auto shop and was owed $915. But he was never paid. The ex-employee contacted the DOL, claiming the company retaliated against him for quitting by withholding his final paycheck. After receiving notice from the DOL, the employer sent the ex-employee his owed wages – in pennies. Approximately 91,500 oil-covered pennies were delivered to the ex-employee’s driveway along with a paystub that contained expletives.  The coins blocked and stained the driveway, and it took almost seven hours for the ex-employee to clean up the mess. And to make matters worse, the employer allegedly posted defamatory statements about the ex-employee on the company website. A DOL investigation found retaliation in this case and also found FLSA overtime violations involving eight other workers.

Result: A federal court in Georgia ordered the employer to pay $39,934 in back wages and damages to nine workers. The court order also required the company to:  

• Remove all references to the former employee from the company website and never post about him again.
• Post a consent judgment in a conspicuous location along with other employee notices.
• Display a DOL fact sheet on FLSA retaliation in a conspicuous location in the workplace. 

Info: Court Orders Auto Shop Owner to Pay $39K in Back Wages, Damages, 6/13/23.