Type of action: Consent preliminary injunction
Names of defendants: P & B Heating & Air Conditioning Corp., West Babylon, New York
Craig Napolitano, Robert Napolitano
Background: On Oct. 3, 2022 – after a U.S. Department of Labor Wage and Hour Division investigation of its pay practices – the heating, ventilation and air conditioning company agreed to pay $144,350 in overtime back wages to 25 employees to resolve its violations of the Fair Labor Standards Act.
Shortly thereafter, the department alleges that P & B Heating & Air Conditioning began retaliating against employees and threatening them with termination if they did not kick back the wage payments and that at least one employee did so.
On April 6, 2023, the department obtained a temporary restraining order to forbid P & B Heating & Air Conditioning from retaliating against employees. It also filed a complaint related to the employers’ violations of the FLSA’s overtime and anti-retaliation provisions, in which the department seeks unpaid back wages as a result of the kickbacks, compensatory and punitive damages for the affected workers and a permanent injunction preventing the employers from future retaliation against employees. View the complaint and the order.
Resolution: On April 17, 2023, the U.S. District Court for the Eastern District of New York issued a consent preliminary injunction, ordering the employer and its management not to retaliate against or threaten employees, solicit...
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