Boss Watch: 8/29 – 9/5

Jacob Morrison

Illegal activities of Southern Bosses for the weeks between Friday, August 29, and Friday, September 5

Florida Killers

The U.S. Department of Labor has cited a Port Saint Lucie tree service contractor for allegedly exposing workers to crushed-by hazards after an employee suffered fatal injuries while operating a woodchipper at a Boynton Beach worksite in January 2025.

Investigators with the department’s Occupational Safety and Health Administration cited Carlton’s Tree Service Inc. with a serious violation. To address the violation, the employer will pay $16,550 in penalties and take actions to amend the hazard.
Learn more about OSHA, including safe work practices when operating a chipper machine. Employers may contact the agency for information about OSHA’s compliance assistance resources and for free help on complying with OSHA standards.

Virginia Discriminators

Franklin, Virginia-based Mid Atlantic Dairy Queen, LLC, doing business as Dairy Queen, entered into conciliation agreements with the U.S. Equal Employment Opportunity Commission (EEOC) to resolve two sexual harassment charges, the federal agency announced today.

The agreements resolve charges where the EEOC’s investigation found reasonable cause to believe the company violated federal anti-discrimination law by allowing two former employees who worked at the company’s Granby Street location in Norfolk and the Landstown location in Virginia Beach to sexually harass multiple female workers from approximately July 2022 to February 2023, including some who were teenagers at the time. The harassers repeatedly made inappropriate sexual comments and engaged in unwelcome physical contact. The investigation found that Mid Atlantic Dairy Queen knew or should have known of the harassment and failed to take corrective action or remedial measures.

“This resolution serves as a reminder that employers must take prompt, appropriate action when they learn that sexual harassment has occurred in the workplace,” said EEOC Norfolk Local Office Director Norberto Rosa-Ramos. “Mid Atlantic Dairy Queen has committed to preventing and addressing sex discrimination, including training its decision makers to ensure adherence to applicable laws and regulations.”

The company’s alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, including sexual harassment.

Following the EEOC’s investigation of the charges, the parties engaged in the EEOC’s pre-litigation conciliation process, resulting in settlements requiring Mid Atlantic Dairy Queen, LLC to provide monetary relief totaling $100,000 for two employees who filed charges as well as $45,000 for a group of five other female employees who experienced a sexually hostile work environment.

The agreements also require the company to establish or update all written policies and procedures prohibiting discrimination on the basis of sex, prohibiting harassment and prohibiting retaliation for complaining about, reporting, or otherwise opposing such discrimination. In addition, the employer agreed to conduct sexual harassment prevention training for leadership and employees, to be monitored for compliance for three years, and to post a workplace notice regarding the resolution of these matters and the laws enforced by the EEOC.

West Virginia Protectors

Jordan Barab has some good news on worker safety for us, for once, although it comes out of tragedy. I recommend folks reading his full reporting here. From his reporting: 

Following the death of Milton, West Virginia city worker Paul Linville in a trench collapse last month, the city of Milton is taking action to protect its public employees. Unfortunately, Milton will be the only city in the state to do so.

As we reported, West Virginia is one of 23 states that provide no OSHA coverage for city and county employees. A 1998 law, however, provides OSHA coverage for state employee, except those within the Department of Corrections and Health. Cities and counties in West Virginia can opt in to a program covering public employees.

West Virginia has 55 counties and 77 incorporated cities, 148 towns and 6 villages. None of them have opted to protect their public employees.  The state also offers OSHA training to cities that request it. But no city in West Virginia has requested training in the past three years according to state officials.

The City of Milton may be about to change that. According to WSAZ News, whose reporters have been hot on the case of the missing public employee OSHA coverage:

Steps that the council is considering include reviewing safety protocols and purchasing or renting new equipment for their workers. The council also agreed to begin the process of opting into state OSHA coverage, as allowed by state code.

“I didn’t know there was a such thing,” City Manager Mike Ramsey previously told WSAZ. “I think everybody should’ve been opted in, but, you know, here we are.”

The city will also hold a hands-on OSHA training for the workers on Sept. 30 and has plans to do a monthly training.

Milton’s intention to protect its public employees is commendable. But protecting the workers who repair our sewage and water facilities, maintain roads and parks, pick up garbage and generally make life livable should not be optional. It should be the law — as it is for private sector employees.

When asked if he would issue an Executive Order or take other action to cover West Virginia public employees, Governor Pat Morrisey refused to make any kind of commitment, referring back to the 1998 law that makes covering public employees optional.

Union Busters

Brought to you by LaborLab: The nation’s leading watchdog standing with working families to stop employer coercion and intimidation. Visit www.laborlab.us for more info.

Here are the new filings from this week:

As a reminder, due to a lack of enforcement, some labor relations consultants may disregard the law and fail to report their activities to the U.S. Department of Labor. Therefore, it’s crucial for organizers and workers to report suspected “persuader” activity to the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS).

It’s crucial for organizers and workers to report suspected “persuader” activity to the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS). You can reach them via email at  OLMS-Public@dol.gov, by calling (202) 693-0123, or by contacting your nearest OLMS District Office.

For assistance, please contact LaborLab at contact@laborlab.us.