Tree-trimming service owner twice pays the price for labor violations

Resulting from a misclassification of employees and failing to pay overtime wages, the owner of Diamond Tree Experts has been forced to pay $44,000 in back wages and damages, according to The Salt Lake Tribune.

The lawsuit began in February 2013 after the U.S. Department of Labor sued owner Robert Trent Van Dam for violating federal and state time and attendance provisions. The federal judge ruling in the case also issued an injunction against the tree-trimming enterprise to guard against retaliatory measures enacted toward the employees who were given back wages. Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest, explained two employees were immediately rewarded with $7,500 in back wages due to them for overtime violations after a previous investigation.

However, the company forced the workers to pay the amount back, which is illegal and regarded as retaliation against the employees. Attorney for Diamond Tree Experts, James Tracy claimed the legal fees associated with the multiple lawsuits were simply untenable, resulting in Van Dam's inability to fairly pay overtime wages.

Meanwhile, the two employees who were given back wages from the previous investigation will be given $22,000 in wages and an equal sum for liquidated damages.


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