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Department of Labor gets temporary restraining order against staffing firm

April 21, 2022

The US Department of Labor got a temporary restraining order against a Lyndhurst, New Jersey-based staffing firm. It prohibits the company, Advantix Logistics Corp., from retaliating against employees who make complaints about their pay.

A court filing by the department said the company fired a worker and threatened him after he raised concerns that his paycheck did not include all wages earned.

According to the department, the temporary restraining order:

  • Enjoins Advantix and any related entities from retaliating against the affected employee as well as current and former employees who make complaints about their pay, speak with investigators or otherwise assert their rights under the Fair Labor Standards Act.
  • Enjoins Advantix and anyone acting on its behalf from taking any actions that would obstruct the division’s ongoing investigation of Advantix’s pay practices.
  • Orders Advantix to notify the department in writing at least seven days prior to any employee’s termination for any reason.
  • Orders Advantix to allow US Department of Labor representatives to read aloud in English, Spanish and any other language as necessary to be understood by Advantix’s employees a statement about the order and their FLSA rights.

“Threatening or firing employees who ask for proper pay is egregious and illegal retaliation,” said Regional Solicitor Jeffrey Rogoff in New York. “Effective enforcement of the Fair Labor Standards Act depends on employees’ ability to report their experiences without fear. In this case, the US Department of Labor is seeking a restraining order to protect employees so they can cooperate with the department’s investigation and assert their rights under the law.”