Department of Labor obtains court order to forbid Maryland home care agency, owner from retaliating against employees as investigation continues

News Brief

Department of Labor obtains court order to forbid Maryland home care agency, owner from retaliating against employees as investigation continues

Date of action: August 19, 2024

Type of action: Temporary restraining order, preliminary injunction

Employer name: Lifeline Inc. Owner Rhoda Makinde

Address: 5632 Annapolis Road, Suite 6 Bladensburg, MD 20710

Allegations: On Aug. 13, 2024, the U.S. Department of Labor's Office of the Solicitor filed a complaint against Lifeline Inc. and its owner Rhoda Makinde alleging they retaliated against workers participating in a Wage and Hour Division investigation of possible Fair Labor Standards Act violations. The suit also alleged the company and its owner engaged in retaliatory conduct including the termination of employees, falsification of records, filing a civil action against a former employee and monitoring employee communications to try to stop employees from participating in the investigation.

Resolution: The department obtained a temporary restraining order and preliminary injunction that forbids the employer and owner from doing the following:

• Retaliation of any kind against employees for asserting their federal rights.
• Interrogating employees about communicating with department officials.
• Requiring employees to sign false and misleading time and pay records or provide false and misleading information.
• Communicating with employees about the department's investigation without disclosing that such communications are not required and cannot be used as a basis for discrimination or retaliation.

The court order also requires the employer and owner to notify employees of their right to be free from retaliation, and to provide notice and a reason to the department for any employee terminations moving forward.

Court: The U.S. District Court for the District of Maryland in Greenbelt, Maryland.

Quotes: "Federal law protects a worker's right to participate in investigations into a company's pay practices and prevents employers from retaliating or intimidating those who do," said Wage and Hour Division District Director Nicholas Fiorello in Baltimore.

"We are committed to protecting workers' rights to participate in Department of Labor investigations to provide information about harmful employment practices," said Regional Solicitor of Labor Samantha Thomas in Philadelphia. "We will use all available litigation tools to prevent and stop retaliation against workers."

Background: Lifeline Inc. provides home healthcare services in Baltimore and the District of Columbia.

Learn more about the Wage and Hour Division.

Su vs. Lifeline Inc. and Rhoda Makinde, an individual

Case 8:24-cv-02345-PX