Dept. Of Labor Has Restraining Order Against Watertown Contractor

WATERTOWN, MA — The U.S. Department of Labor obtained a temporary restraining order against two construction contractors and a representative of one of the companies to prevent retaliation or discrimination after the defendants began a campaign of alleged threats and retaliation against an employee who complained about not receiving overtime pay and requested money he was due.

The restraining order includes a contractor from Watertown. JKA Construction Inc., a carpentry contractor in Watertown, Mendes Candido Framers Corp., a framing contractor in Hudson, and Luiz Mauro Vilela Jr., Mendes Candido’s vice president and secretary are listed on the order.

The order enjoins them, and those acting on their behalf, from violating the Fair Labor Standards Act by retaliating or discriminating against any current or former employee.

The court’s action follows a U.S. Department of Labor Wage and Hour Division investigation that found that a carpenter – who worked for JKA, and whom Mendes Candido paid and Vilela supervised – engaged in FLSA-protected activity when he complained to Vilela about not receiving overtime pay he was due and requested that pay.

The contractors then began a campaign of retaliation, pressuring the worker to withdraw his overtime complaint. They're accused of causing other people to follow and threaten the worker’s family, and told other employees that they might lose their jobs because of the worker’s request. The Department’s complaint states that the defendants’ conduct left the employee feeling threatened and fearful for his family’s safety.

The Department’s complaint seeks a permanent order enjoining the defendants and those acting on their behalf from violating the FLSA by further intimidation, harassment or other adverse action against employees because of the employees’ protected activity. The Department also seeks punitive damages for the affected employee. Immediately after filing the complaint, the Department filed a motion for a temporary restraining order and preliminary injunction.