Delaware landscaper ordered to pay $50,000 to temporary workers

A U.S. District Court judge has ordered a Delaware landscaping company and its owner to pay $50,000 in liquidated damages to 10 temporary workers, according to the Cape Gazette, Lewes, Del.

An investigation by the Department of Labor found that Paul DeVilbiss and his company, DeVilbiss Landscape Architects, violated the Fair Labor Standards Act (FSLA) by failing to pay overtime. A jury trial held in June 2021 ended with a jury unanimously awarding the workers $50,000.

The jury did not find that DeVilbiss willfully violated the FLSA.

In a separate judgment, Judge Maryellen Noreika awarded an additional $50,000 in liquidated damages.

“We are disappointed that liquidated damages were awarded in a case where the jury found that the violations of the FLSA were not willful, but we are respectful of the court’s decisions,” William Sullivan, DeVilbiss’ attorney, told the Cape Gazette.