News Release

US DEPARTMENT OF LABOR SEEKS COURT ORDER TO STOP ALLEGED RETALIATION BY TENNESSEE FARM AFTER EMPLOYEE FINDS SEVERED PIG’S HEAD AT WORKSTATION

Tosh Pork workers asked about pay, a legally protected right

HENRY, TN – The U.S. Department of Labor has filed a complaint and motion seeking a temporary restraining order to prevent a Henry County farm from allegedly retaliating against two workers who asked about their wages, a protected activity under the Fair Labor Standards Act.

Filed by the department on Feb. 21, 2024, in the U.S. District Court for the Western District of Tennessee, the action asks the court to stop Tosh Pork LLC and human resources manager, Dianna Rosa, from continuing to violate the FLSA through retaliatory actions against employees. Federal law prohibits an employer from firing or discriminating against workers who have filed a complaint or cooperated in its investigation.

The department’s Wage and Hour Division found that two Tosh Pork workers who provide animal care to the farm’s pigs cooperated with division investigators after the workers asked their employer about their pay. After Tosh Pork learned of an initial complaint, the employer tasked one employee with cleaning offices and bathrooms – as well as picking up pig waste — activities outside of their normal job duties. After accusing the employee of filing a federal complaint — Tosh Pork allegedly tried to force them to sign a document forbidding them from speaking with other employees about pay issues.

Investigators also learned another worker, who had also asked about their wages, was called to meet with the farm’s management and threatened with termination. Returning to their workstation, they found a severed pig’s head.

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Agency: Wage and Hour Division
Date: March 5, 2024
Release Number: 24-448-ATL