The U.S. Department of Labor is alleging the Blackjack Pizza location in Firestone violated the Fair Labor Standards Act by intimidating and retaliating against employees.
According to a document filed Thursday on behalf of the Secretary of Labor, owner Shawna Bingham fired two employees allegedly in retaliation for filing a complaint to the Labor Department.
The department filed for a temporary restraining order on Thursday in Colorado District Court to prevent Bingham from engaging in further retaliation and to ensure that all employees know that they are free to speak truthfully to investigators without fear of adverse action.
The Wage and Hour Division of the department initiated an investigation of Blackjack Pizza in December, according to court documents, and that investigation is ongoing.
Bingham, who has operated the Blackjack location for 10 years, said over the phone Friday that the initial investigation related to the number of hours her employees under 16 were working. She explained that she wasn’t aware that employees under 16 had a limited number of hours they were allowed to work, even during school breaks, or that federal law prevented them from working with certain equipment.
She said she had been following state law, unaware of these federal regulations.
“I absolutely did exactly what I was turned in for, but not intentionally,” Bingham said. “I was following the state of Colorado. I had no idea.”
On Dec. 19, an investigator for the division met with Bingham, reviewed requested information and interviewed employees, the complaint said. During that conference, court documents said Bingham repeatedly asked investigators if she could fire the employee that she believed had made a complaint.
The lead investigator informed Bingham that the Fair Labor Standards Act prohibits employers from taking actions against employees who engage in protected activity, like making a complaint to the Wage and Hour Division.
Bingham said Friday she wanted to fire this employee not for the complaint, but for an ongoing pattern of issues. Bingham cited a specific incident in which she claimed the employee neglected her duties.
“I did not fire her out of retaliation, but you have to understand that she knew that she was already going to get fired,” Bingham said. “... That is more than enough reason to fire somebody, and it’s a right to work state. I don’t have to have a reason, and there’s so much documentation prior to the day that I actually fired her.”
Although they were not scheduled to work that day and investigators did not request their presence, Bingham summoned the employee she believed filed the complaint and that employee’s romantic partner to the establishment, court documents said. Both spoke with investigators, and the investigators left around 6:45 p.m.
Immediately after the investigators concluded the conference, Bingham fired both employees, according to court documents.
Bingham maintained that the firings had nothing to do with the complaint, adding that she also had ongoing issues with the alleged complainant's romantic partner.
“I already had someone else hired for his job before the labor board was even called, so that is absolutely proof right there that it is not in relation,” Bingham said. “It is because of their behavior.”
Bingham said she is complying with requests from the Labor Department and working to resolve the issues, along with no longer employing workers under 16 who, along with hour restrictions, cannot use most equipment at Blackjack per federal regulations.
The department asked the court to prevent Bingham from further interference and to remedy the damage already caused, arguing that the conduct imperils the ability to enforce the law, deters employees from asserting their right and undermines effective enforcement of the Fair Labor Standards Act.
A scheduling conference in the case is set for the end of March.
