A federal court in Pennsylvania has granted the U.S. Department of Labor's request for a preliminary injunction against Jonestown Road Chicken, the owner of a Popeyes franchise restaurant in Harrisburg, Pennsylvania, and its district manager, Tom Rudzenski.
According to a news release from the Department of Labor, the injunction prohibits the company from obstructing the department's investigation into possible Fair Labor Standards Act violations, as well as harassing and threatening workers and investigators.
“The demeanor and actions of the district manager for this Popeyes franchisee in Harrisburg raised concerns among our investigators about their physical safety. The workers there must have felt threatened and were likely afraid to lose their jobs if they spoke to our investigators," said Alfonso Gristina, Wilkes-Barre Wage and Hour Division district director, in the release. “Despite the prohibited conduct of the restaurant’s general manager and the franchise’s district manager, the Wage and Hour Division will not be stopped from completing its investigation.”
A court order also requires the company to inform employees of their rights to speak freely with investigators and cooperate with the division's investigation, the release said.
The Department of Labor accused the restaurant's management of trying to stop the investigators from speaking with the restaurant's workers for weeks, including incidents where employees were apparently sent home sick to avoid interviews with investigators.
During one visit by investigators, the general manager called Rudzenski to the restaurant and kept employees away from them until he arrived. Rudzenski then acted aggressively, swore at investigators and prevented employees from speaking with them.
The Department of Labor has regulations prohibiting retaliation and offers a search tool for workers who think they may be owed back wages. Both employers and workers can call the division, confidentially, with questions at the agency's toll-free helpline, which offers assistance in 200 languages.
A new Timesheet App is also available for Android and Apple devices to help ensure a worker's pay is accurate for the hours put in. Deputy regional solicitor Samantha Thomas said the Labor Department will take legal action when employers violate workers' rights or obstruct investigations.
