Court Orders Commercial Laundry to Compensate Whistleblower

[Omaha Steve]

http://ohsonline.com/articles/2009/02/14/court-orders-laundry-to-compensate-whistleblower.aspx

* Feb 14, 2009

The U.S. Department of Labor has obtained a consent judgment ordering a commercial laundry in Auburn, N.Y., and its owner to compensate an employee who was fired for filing a complaint with OSHA about potentially unsafe conditions at the site.

The judgment, signed Jan. 26, 2009, by Chief Judge Norman A. Mordue of the U.S. District Court for the Northern District of New York, requires that Party Rental Enterprises Inc., doing business as Able Linen Service, and Daryle Logudice, the company's chief executive officer, pay the former employee $20,000 in back wages, plus $17,000 in punitive damages, and expunge any references to suspension and discharge from the employee's personnel file (Chao v. Party Rental Enterprises Inc. d/b/a Able Linen Service and Daryle Logudice, No. 5:07-CV-0449).

The defendants are also permanently enjoined from violating the whistleblower provisions of the Occupational Safety and Health Act of 1970 and from discharging or discriminating against employees who file complaints with OSHA, cooperate with OSHA investigations, or exercise their workplace safety and health rights. Finally, the OSHA whistleblower poster will be posted at company locations in Auburn, Cicero, and Liverpool, N.Y., and the OSHA whistleblower fact sheet will be provided to current employees and new hires to ensure they are aware of their rights.

The judgment is the result of extensive investigation and legal activity by the New York regional offices of OSHA and the solicitor of labor. The employee filed a whistleblower complaint with OSHA in 2005. OSHA found merit to the complaint and ordered the employee's reinstatement and payment of accrued wages and benefits. However, the company and its owner did not respond to the investigation, the order, administrative subpoenas, summonses, and other subsequent legal actions until after DOL secured a default judgment from the court in August 2008.

FULL story at link.