Manchester chimney services contractor pays $26,000 to settle claims of retaliation

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January 29 A Manchester chimney service contractor paid three workers more than $26,000 to resolve allegations that it violated the anti-retaliation provisions of the Fair Labor Standards Act.

Ceaser Chimney Service Inc. paid a total of $26,163, the U.S. Department of Labor’s Manchester Wage and Hour Division said in a news release.

The charges came after investigators determined that Ceaser Chimney Service terminated an employee in June 2021 after contacting the NH Department of Labor to inquire about their rights under labor law. The employer also unlawfully questioned two other employees about their communications with the Wage and Hour Division during its investigation, officials said.

The anti-retaliation provisions of the Fair Labor Standards Act prohibit employers from terminating an employee or discriminating against an employee who engages in a protected activity, including filing a complaint, participating in an investigation, or even simply asking questions. questions about his salary.

“The US Department of Labor takes allegations of employee retaliation very seriously,” said Steven McKinney, district manager of the Manchester Wage and Hour Division. “These rights include the ability to contact the department and other agencies about the employer’s pay practices and to speak openly with investigators and other department officials during an investigation.”

Under the settlement agreement, Ceaser Chimney Inc. has:

Paid the terminated employee a total of $21,163, which includes $2,463 in back wages for time spent unemployed after termination, $8,700 in initial salary, and $10,000 in punitive damages;

Paid punitive damages to other employees totaling $5,000, or $2,500 each;

Agreed not to terminate or otherwise discriminate against any employee because they filed a complaint, testified, or participated in an FLSA investigation or proceeding or asserted a right guaranteed by the FLSA;

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Agreed to provide all current and future employees with a written statement of their FLSA rights for a period of five years.

An attempt to reach Caesar Chimney Service for comment on Sunday was unsuccessful.

“The division will continue to vigorously enforce these protections and make it clear that Ceaser Chimney Inc. has learned that retaliation against workers has costly consequences,” McKinney said in a statement. “The Division of Wages and Hours encourages workers and employers in Northern New England to contact the Manchester District Office to learn more about their respective rights and responsibilities under federal law.”

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