Housekeeper Fired After Making Allegations

The U.S. Department of Labor’s Wage and Hour Division recently reported recovering US$6,333 in back pay and levied $10,000 in punitive damages after finding a Portland, Maine, hotel operator unlawfully terminated a housekeeper two days after the worker contacted the division regarding the operator’s pay practices.

Termination a FLSA Violation

When investigators reviewed the housekeeper’s employment record, they found no evidence of prior employment disciplinary actions by Giri Portland Inc. (operating as Hilton Garden Inn Portland Airport). While finding no Fair Labor Standards Act (FLSA) violation after reviewing the employee’s allegation, the division did find the termination violated the FLSA’s provisions for prohibited retaliatory behavior. 

“Federal law protects workers from retaliation or intimidation because they assert their rights or contact the U.S. Department of Labor,” explained Steven McKinney, wage and hour district director in Manchester, New Hampshire. “Terminating or disciplining an employee for exercising their right to speak with the department, file a complaint under the Fair Labor Standards Act, or testify or agree to testify related to an investigation is illegal. The Wage and Hour Division will take firm action when these kinds of illegal behaviors occur.”

Significance of Fair Treatment During Labor Shortage

In 2021, the division recovered $2,445,609 for more than 3,099 hotel and motel workers in 602 investigations. According to the Bureau of Labor Statistics, there were more than 1,696,000 job openings for leisure and hospitality workers in July 2022, as about 1,172,000 workers in the field left their jobs.

“As employers struggle to find the people they need to fill the positions to operate their business, those who disrespect workers and violate their legal rights will likely discover that retaining and recruiting workers is much more difficult,” McKinney said.