The Department of Labor is working to stop a Tennessee farm from taking action against employees following an incident where a severed pig's head was reportedly left at a workstation, as stated in a complaint.
In a filing on Feb. 21 in the US District Court for the Western District of Tennessee, the department sought a temporary restraining order on behalf of Tosh Pork employees inquiring about their wages.
DOL Files Complaint Against Tosh Pork
A complaint has been filed by the Department of Labor (DOL) against Tosh Pork, a Tennessee farm, for allegedly violating sections of the Fair Labor Standards Act (FLSA) in an attempt to suppress employees' inquiries about their wages. A complaint was filed in the US District Court for the Western District of Tennessee on February 21, 2024, alleging that Tosh Pork responded against workers who offered pay-related concerns.
According to the DOL, a husband and wife employed by Tosh Pork, responsible for animal care on the farm, initiated inquiries about their wages in February 2022. Subsequently, they filed a complaint with the DOL's Wage and Hour Division. The department alleges that, in response to the complaint, Tosh Pork assigned one of the employees tasks unrelated to their usual responsibilities, such as cleaning offices, bathrooms, and handling pig waste.
Moreover, the Department of Labor asserts that Tosh Pork made a conscious choice to get the workers to sign a form that prohibited them from discussing matters pertaining to their compensation with other workers.
The department argues that these actions are considered a violation of the FLSA, which protects employees' rights to inquire about their wages and prohibits employers from discriminating against those who file complaints with the Wage and Hour Division.
Regional solicitor Tremelle Howard, representing the DOL, condemned Tosh Pork's actions, stating, "Tosh Pork's appalling actions and clear attempts to intimidate and retaliate against its employees will not be tolerated," according to Business Insider.
Tosh Pork Veterinarian Denies Allegations
In response to the allegations, Tosh Pork's veterinarian, Seth Krantz, refuted the claims in an email to Business Insider. Krantz emphasized the company's commitment to adhering to federal, state, and local regulations, including the FLSA, and asserted Tosh Pork's intention to defend itself in court.
The investigation by the Department of Labor went beyond the initial complaints and found more cases of alleged retaliation at Tosh Farms. Based on the investigation, some employees who inquired about their wages were given additional tasks like cleaning bathrooms and dealing with pig waste.
Following these results, the DOL submitted a complaint and motion to request a restraining order against Tosh Pork and its human resources manager, Dianna Rosa. It was found by the federal agency that Tosh Pork was required to pay five workers $39,375 in back wages and faced $36,731 in civil money penalties.
Tosh Pork, a family-run business spanning 18,000 acres in Henry, Tennessee, engages in swine production and crop cultivation, supplying products for national and international distribution to retailers like Costco, JBS USA, and Kroger, as reported by the DOL. The farm's denial of the allegations sets the stage for a legal battle as it vows to defend itself against the federal complaint, CBS News reported.
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