Imagine returning to your workstation after talking to HR about your wages and finding a severed pig’s head. What sounds like a scene from The Godfather actually happened to a worker in Henry, Tennessee at Tosh Pork LLC. The U.S. Department of Labor alleges that Tosh Pork violated the Fair Labor and Standards Act (FSLA) by retaliating against employees who asked about their fair wages. The DOL filed a complaint and a motion for a temporary restraining order to prevent the farm from future retaliations. Here’s what we know.
Tosh Pork – largest Tennessee pork producer faces legal action for violating FSLA
The motion was filed last month in the U.S. District Court for the Western District of Tennessee. Henry is located about 135 miles northeast from Memphis. The DOL contends that two other Tosh Pork workers asked their employer about their pay. After the workers made a complaint, the employer tasked one of the employees with duties outside their normal job duties, cleaning bathrooms and picking up pig waste.
Tosh Pork also tried to force the employee to sign a document that would prevent the employee from speaking with other employees about their wages, which is against the National Labor Relations Act. The worker who found a severed pig’s head at their workstation was also threatened with termination.
Additional penalties discovered during investigation
Tosh Pork sells its products to JBS USA, Kroger, and Costco. It also employs foreign workers through the H-2A agricultural guest worker program. The DOL also found that the company failed to meet employment requirements for both visa workers and U.S. workers.
Regional Solicitor Tremelle Howard in Atlanta said, “Tosh Pork’s appalling actions and clear attempts to intimidate and retaliate against its employees will not be tolerated.” During the DOL’s investigation, it also found that Tosh Pork owed five workers almost $40K in back wages. The company was also fined over $36K in civil penalties.
Employees, no matter where they are from, and employers can contact the DOL for compliance assistance, for fair wages or other issues. The agency’s toll-free helpline has the capability to take complaints in over 200 languages. The number is 866-487-9243.
Dawn Brotherton is a Sr. Staff Writer at The American Genius with an MFA in Creative Writing from the University of Central Oklahoma. She is an experienced business writer with over 10 years of experience in SEO and content creation. Since 2017, she has earned $60K+ in grant writing for a local community center, which assists disadvantaged adults in the area.
