Where three citations were issued by the Fair Labor Division of the Attorney General’s Office, the third citation, for retaliation, must be reversed because a text exchange in which one of the employers wrote that his attorney can “run an immigration status” was not an adverse action capable of grounding a retaliation claim.
“Petitioners Gabrielly’s Cleaning Service, LLC (‘Gabrielly’s’) and Marco Picariello appeal three citations issued by the Attorney General’s Office, Fair Labor Division (‘AGO’), for violations of wage and hour statutes. … Investigator Cindy Molina testified on behalf of the AGO. Marco Picariello and Darliene Picariello testified on behalf of the Petitioners. …
“The AGO issued Citation 001 for failure to keep true and accurate payroll records, from March 6, 2022 to March 12, 2022, in violation of G.L.c. 151, §15. It assessed a civil penalty of $2,500. …
“There is no dispute here that the Petitioners did not maintain any documents regarding the brief period of work performed by the complainants. …
“Turning to the civil penalty assessed, the AGO provided little information regarding how it assessed a penalty of $2,500 for a first-time violation, without specific intent, for a failure to keep and maintain records for three employers over a period of approximately one week. Specifically, it did explain how its determination was affected by ‘the monetary extent of the violation.’ Perhaps not at all — because the recordkeeping violation is not, itself, a...
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