FLSA retaliation? Lawsuit against HR, farm outlines gruesome details

The U.S. Department of Labor (DOL) has filed a complaint against a Tennessee farm and its HR manager. The alleged problem: FLSA retaliation.

And as a trigger warning, some of the allegations are repulsive – definitely not your typical workplace dispute.

Here’s what happened, according to the feds’ investigation, between Tosh Pork LLC, its HR director and two employees.

Workers asked about pay

The two workers involved in the dispute provided animal care to pigs on the farm.

At some point, they asked their employer about their pay, and when the DOL’s Wage and Hour Division opened an investigation, the workers cooperated with investigators.

After being notified about the charge, Tosh Pork confronted one worker, accusing the person of filing the complaint, the DOL asserted. The company allegedly tried to force the individual to sign a document that prohibited discussing pay with co-workers.

In addition, the worker was allegedly tasked with assignments outside of normal job duties, including:

• Cleaning offices
• Cleaning restrooms, and
• Picking up pig waste.

Employer’s response takes a grisly turn

The other worker involved in the case was called to meet with the farm’s management. There, the individual was threatened with termination, the DOL alleged.

Afterward, the worker returned to the assigned workstation. There, the individual found a severed pig’s head, the complaint alleged.

DOL asserts FLSA retaliation

In the DOL’s view, the alleged conduct amounted to retaliation in violation of the FLSA, which protects the right of workers to file a complaint and cooperate in an investigation.

“Tosh Pork’s appalling actions and clear attempts to intimidate and retaliate against its employees will not be tolerated,” explained Regional Solicitor Tremelle Howard in Atlanta. “The U.S. Department of Labor will use every tool available to ensure the protections afforded to workers under the law.”

Agency seeks court order against HR manager and farm

The DOL filed a complaint seeking a temporary restraining order against the farm and its HR manager, Dianna Rosa. The agency asked the court to prohibit the defendants from further retaliating in violation of the FLSA.

Feds find more violations, assess penalties

During the investigation, the DOL determined Tosh Pork failed to meet employment requirements for H-2A visa workers, and corresponding U.S. workers, under the Immigration and Nationality Act. Ultimately, the DOL:

• Found Tosh Pork owed five workers $39,375 in back wages, and
• Assessed an additional $36,731 in civil money penalties.

Help for HR: How to handle a DOL investigation

Hopefully, you’re never put in a situation where you have to handle a DOL investigation. But at some point in your career, you may come face-to-face with the feds.

Employment attorney Michael Elkins previously shared a few general tips with HRMorning about how to handle a DOL investigation.

1. Have your documentation ready

Most DOL on-site investigations start with a subpoena for records, according to Elkins.

The DOL usually provides an online portal to upload documents in advance. However, usually, the subpoena will also say that the records need to be available at the on-site meeting. So, make sure to do that.

Even if the investigator doesn’t read the documents at the meeting, the act itself makes a statement that you’re taking the investigation seriously, and hopefully, don’t have anything to hide.

2. Have your counsel present

“I can’t tell you how many times I have been hired AFTER the investigators were on the premises,” says Elkins. “By that time, the proverbial cat is already out of the bag. Your lawyer can’t help if your lawyer isn’t there.”

3. Have a good attitude

The DOL investigators are just doing their jobs, Elkins points out. They’re humans, and thus, a good professional attitude helps make the process more efficient and hopefully less painful.

Info: DOL seeks court order to stop alleged retaliation by Tennessee farm after employee finds severed pig’s head at workstation, 3/5/24.