Barbara Delo v. Paul Taylor Dance Foundation, Inc.

New York, New York employment law lawyer represented the Plaintiff who sued the Defendants on Fair Labor Standards Act prohibited act violations.



"Section 215(a)(1) of the Fair Labor Standards Act (FLSA) prohibits employers from engaging in any of the following prohibited acts:



(a) To violate any provision of section 206 or section 207 of this title, or any order or regulation made or continued in effect under the authority of either such section, or to make any statement, report, or record false in any material fact, for knowing and willfully falsifying any such statement, report, or record, or to hinder or delay the Secretary or his authorized representative in the performance of his duties under this Act.



Section 215(a)(3) of the FLSA prohibits employers from discriminating against an employee because the employee has filed a complaint or instituted, or caused to be instituted, any proceeding under or related to the FLSA, or has testified or is about to testify in such a proceeding, or has served or is about to serve on an industry committee.



Employers who violate Section 215 of the FLSA may be subject to civil penalties, including back pay, liquidated damages, and attorney's fees. In some cases, criminal penalties may also be imposed.



Here are some examples of conduct that may violate Section 215 of the FLSA:



Firing an employee because they filed a complaint with the Department of Labor alleging FLSA violations

Reducing an employee's pay or hours because they testified in an FLSA investigation

Retaliating against an employee for serving on an FLSA industry committee

Falsifying time records to avoid paying employees overtime

Failing to pay employees the minimum wage

Failing to pay employees for all hours worked



If you believe that your employer has violated Section 215 of the FLSA, you should contact the Department of Labor or an experienced employment law attorney."

It has been reported to the Court that this case has been settled. Accordingly, it is hereby:ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Courts docket if the application to restore the action is made within thirty (30) days. Any application to reopen this action must be filed within thirty (30) days of this order, and any application filed thereafter may be denied solely on that basis. If the parties seek to have the Court retain jurisdiction to enforce a settlement agreement, the terms of the agreement must be placed on the public record and so ordered by the Court within the same thirty-day period. See Hendrickson v. United States, 791 F.3d 354, 358 (2d Cir. 2015). The Clerk of Court is respectfully directed to close this case.SO ORDERED. (Signed by Judge Ronnie Abrams on 11/9/2023) (jca) (Entered: 11/09/2023)