A Chicago restaurant owner was jailed overnight and forced to comply with a subpoena to produce records for a U.S. citizen more than two years after the Department of Labor’s Wage and Hour Division investigated.
The compliance came after a federal judge found La Bomba Food Restaurant Inc. owner Wilson Torres in contempt and sentenced him to one night in jail as well as fines of $40,500, according to a Sept. 12 Department of Labor news release.
“We make no assumptions that we will find violations in La Bomba’s payroll records, but La Bomba and its owner Wilson Torres are required to comply with the law and allow such an investigation to be completed,” Wage and Hour District Director in Chicago Thomas Gauza said in the release. “The Wage and Hour Division is committed to ensuring all employees receive their rightfully earned wages.”
According to the release, the Wage and Hour Division filed a request May 4, 2020, seeking enforcement of an administrative subpoena following its investigation. The company reportedly failed to comply with the subpoena repeatedly during a two-year time frame. Torres paid $2,975 in attorney's fees in March of this year after a contempt motion was filed. The company's lack of action led to additional fines and a brief imprisonment June 15.
The release reported the company produced most of the required documentation during a status hearing Aug. 23. A dismissal was filed Aug. 31 upon receipt of the remaining documents.
“By enforcing the Department of Labor’s subpoena and holding a non-compliant owner in contempt, the federal courts have upheld that the Department of Labor has broad investigative authority under the Fair Labor Standards Act for record audits and onsite inspections to ensure compliance with wage and hour laws,” Chicago Regional Solicitor of Labor Christine Heri said in the release.
