By Deon J. Hampton -
NBC News
The Department of Labor (DOL) wants to stop a Tennessee farm from retaliating against its employees after a pig's head was allegedly left on a work station, a complaint said.
The department requested a temporary restraining order in documents filed Feb. 21 in the U.S. District Court for the Western District of Tennessee on behalf of Tosh Pork employees who inquired about their salaries.
Two employees, a married couple whose job duties typically include caring for swine animals at a Henry County farm, asked their employer about wages and subsequently
filed a complaint with the Department of Labor's Wage and Hour Division
in February 2022, according to the lawsuit.
Tosh Pork LLC, in Henry, Tennessee.Google Maps
After learning of the complaint, Tosh Pork allegedly tasked an employee with cleaning the offices, bathrooms and picking up pig remains.
Those responsibilities were outside the worker's normal duties, the lawsuit stated.
Tosh Pork also allegedly tried to force both employees to sign a document
prohibiting them from speaking with their colleagues about salary issues,
the complaint expanded.
“Tosh Pork's terrible actions and clear attempts to intimidate and retaliate against its employees will not be tolerated,” Tremelle Howard, the Department of Labor's regional attorney in charge of civil litigation, said in a statement.
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Investigators also learned that another worker who inquired about wages was called to a meeting with farm management and
threatened with being fired
, the complaint said.
Upon returning to their workplace,
they found a decapitated pig's head,
the lawsuit stated.
The lawsuit names Tosh Pork LLC and Dianna Rosa, director of human resources, as defendants, in addition to asking the court to stop the company from violating the Fair Labor Standards Act.
Rosa could not be reached for comment this Friday.
“
Tosh Pork denies engaging in the retaliatory conduct
alleged by the Department of Labor,” Seth Krantz, a veterinarian who spoke on behalf of the company, said in an email to NBC News.
The company tries to comply with all federal, state and local regulations, including the Fair Labor Standards Act, he added.
Federal law prohibits an employer from firing or discriminating against workers who have filed a complaint, are cooperating in an investigation or make wage inquiries, which are protected activities under the law, the Labor Department said.
During its investigation, the agency also determined that Tosh Pork did not meet employment requirements for H-2A visa workers and U.S. employees under the Immigration and Nationality Act, the lawsuit said.
The Department of Labor's Wage and Hour Division determined that the employer owed five workers $39,375 in back wages and assessed $36,731 in fines, according to the DOL.
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“Federal law protects employees who provide information to the Department of Labor
,” Lisa Kelly, district director of the Wage and Hour Division in Nashville, Tennessee, said in a statement.
Tosh Pork, which owns 11,000 acres of land and produces hogs and grows corn, soybeans, wheat, canola and barley,
employs workers from foreign countries to work on its farm
, the DOL said.