In late December 2023, Benjamin Botts, Office of the Solicitor for the US Department of Labor filed an complaint with the US District Court of Massachusetts on behalf of the Department against the 5 Starts Restaurant Group, doing business as Samba Steak and Sushi.
Three charges are noted, count one, Violations of Sections 7 & 15 of the Fair Labor Standards Act, failure to pay overtime. Count two, violations of Sections 11 & 15 of the Fair Labor Standards Act, failure to make and keep records. And count three, violations of Section 15 of the Fair Labor Standards Act, unlawful retaliation. For these charges, actual damages as well as punitive damages are sought on behalf of affected employees.
On January 30 2024, an injunction was filed to protect the employees both who chose to file complaints with the Department of Labor, and who were participating in the investigation, from any punitive actions, threats made against them or their families, including the termination of work, reduction of hours, demanding social security cards or employment eligibility documents, or instructing employees not tot speak with the department or to give false information.
Via a motion to continue filed on March 27th, the scheduling conference is set to take place on April 12, and the continuance/reset scheduled for April 26 at 2:45pm. The hearing will take place by video conference, and if we can we will provide the link to the audio on that date.
