Owners of Huntley restaurant agree not to retaliate against workers
The owners of a Huntley restaurant agreed not to retaliate, discriminate, interrogate, withhold wages, fire or threaten to fire employees interviewed by investigators from the U.S. Department of Labor, according to a preliminary injunction filed earlier this month.
The U.S. Department of Labor filed a complaint last month in federal court asking for a temporary restraining order against Steve and Rick Tsakalios, owners of Papa G's, claiming they were intimidating employees who were cooperating with a federal labor investigation at their restaurant.
"It is unacceptable and illegal for any employer to interfere with a Department of Labor investigation," said Scott Allen, the department's regional director for public affairs and media relations. "At no time should an employee feel threatened or intimidated by an employer to talk to a department of wage and hour investigator."
The temporary restraining order stems from an ongoing investigation by the Department of Labor of the restaurant's employment and pay practices from Feb. 3, 2019, through Jan. 20, 2022, according to court records. The department found the restaurant owners failed to pay eight of its employees the required 1½ overtime rate when they worked more than 40 hours in a week, according to the complaint.
The complaint seeking the temporary restraining order claimed the owners asked workers not to provide investigators any information and told one employee repeatedly he did not have to speak to investigators, continually entered the area where the interviews were taking place and threatened to find out what employees said, according to the complaint filed in federal court.
The "retaliatory conduct has created a chilling effect on their employees," the Department of Labor said in its request.
According to the injunction, restaurant owners also agreed not to communicate with employees from now until the trial with the purpose of investigating the labor department's claims, preparing a defense or gathering evidence without first informing the employee in writing, with written translation in that employee's primary language, about the lawsuit.
The employees also must know that whatever they tell their employer is voluntary and that they cannot be "discriminated or retaliated against in any way," according to the order.
The injunction also states that the owners will allow the U.S. Secretary of Labor to distribute pamphlets to restaurant workers in English, Spanish or any other language informing the employees of their rights.
The preliminary injunction was entered by stipulation, which means both sides agreed to the terms. Attempts Wednesday to reach the attorney for Papa G's were not successful.