Speaking of fast food, a federal court in Harrisburg, Pa., has issued a preliminary injunction against the owner of a Popeyes franchise after a district manager allegedly threatened workers, harassed federal investigators, and otherwise obstructed a U.S. Department of Labor investigation into wage payment violations at the restaurant.
According to the Wage and Hour Division investigators, the Popeyes manager was a regular Bluto during their visit. He cursed, yelled, slammed doors and otherwise acted aggressively toward the investigators. In addition, a general manager at the restaurant urged employees into the back of the restaurant, away from the investigators.
And when the District Manager arrived, he stood in the doorway between the employees and the investigators to ensure they could not speak with each other. The court’s order blocks the restaurant and its managers from retaliating against employees and from further harassing and threatening workers and investigators. It also requires notification to the employees of their rights to freely speak with investigators and cooperate in the investigation.
This is not the general response we recommend when federal investigators show up at a client’s door. While efforts to reschedule a surprise investigation are worth pursuing, we generally encourage showing a spirit of cooperation, but stopping short of allowing full access to the workplace, disclosure of all requested documents, and unprepared responses to all questions upon a surprise visit. For early 20th century cartoon aficionados, charm them like Olive Oyl or J. Wellington Wimpie – the Bluto act doesn’t work in the 21st century and, come to think of it, never did.
Michael Homans is an employment lawyer and litigator based in Philadelphia and Wayne, Pennsylvania. He can be reached at mhomans@homanspeck.com or (215) 419-7477.