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NJ Construction Company Fails to Pay Back Wages, U.S. Marshals Seize Executive?s Corvette

By Paul Napoli

January 1, 2010

U.S. Marshals and agents from the U.S. Department of Labor's Office of the Inspector General seized a 1992 black Corvette from the home of Richard Kohler, president of Brocon Petroleum, Inc. on Tuesday, because the company failed to pay back wages to a whistleblowing employee.

Brocon Petroleum, Inc., of Freehold, NJ, and Kohler failed to pay $7,500 in back wages resulting from a consent judgment to resolve a lawsuit filed by the Labor Department in March 2008 on behalf of Scott Shevlin, a former employee of Brocon Petroleum. The Labor Department filed the lawsuit after an Occupational Safety and Health Administration (OSHA) Whistleblower Protection Program investigation found that Brocon Petroleum fired Shevlin because they suspected he submitted a complaint about company safety practices to OSHA, which resulted in a worksite safety inspection.

Retaliation against employees who report unsafe working conditions is a violation of the Occupational Safety and Health (OSH) Act. OSHA enforces the whistleblower provisions of the OSH Act and 16 other statutes protecting workers who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail and securities laws.

Brocon Petroleum agreed to compensate the former employee for back wages and to remove all reference to suspension or termination from the employee's personnel file to satisfy the consent judgment. The company also agreed to post a notice to inform current employees of their whistleblower rights. Brocon Petroleum failed to comply with the monetary compensation outlined in the consent judgment, prompting the seizure of the Corvette.

'This action should send a clear message that there will be consequences for retaliating against employees who engage in activities protected by law,' says Robert Kulick, OSHA's regional administrator in New York. 'While OSHA is best known for ensuring the safety and health of employees, it is also a whistleblower protection agency.'

Federal and state labor laws regulate the relationship between employers and employees. Labor law, also called employment law, is an entire body of laws, regulations, administrative rulings and case precedents that govern how trade unions, employees and employers must interact. This body of law also restricts some actions for these groups. These laws protect employees from poor treatment by their employers. If an employer fails to follow these regulations, an employee may be able to file a claim for lost wages, back pay and other damages. Labor laws also protect employees from unsafe working conditions, which can lead to injury and death. If you have been injured or a loved one killed on the job, you may be entitled to compensation. An experienced attorney is a valuable asset to have when you are thinking of filing a labor law, personal injury or wrongful death claim against an employer or former employer. Call Napoli Bern Ripka, LLP today at 888-529-4669 to discuss your legal options.

Originally posted at InjuryBoard by Paul Napoli

Full post as published by New York City Personal Injury Lawyer on January 03, 2010 (boomark / email).