Feds Accuse Shirlington Restaurant of Ripping Off Employees, Intimidation Tactics

The U.S. Labor Department is accusing a Shirlington restaurant of failing to pay its employees proper wages and using intimidation tactics to keep employees from talking to the feds about it -- and the restaurant is hitting back in the courts, calling the allegations "baseless."

Aroma Indian Cuisine at 4052 Campbell Avenue in Arlington has been ordered to stop intimidating workers who cooperate with federal investigators, according to a statement from the Department of Labor, which has filed a civil suit against the owners of the restaurant.

"Our investigation concluded, and our suit alleges, that the owners failed to pay employees the wages they were owed," Mark Lara, director of the Wage and Hour Division's Baltimore District Office, said in the statement. "We also believe the owners attempted to use intimidation tactics to pressure employees to cease cooperating with our investigation. This case should send a strong message to employers: hindering an investigation by intimidating employees will not be tolerated, and will not prevent federal labor laws from being upheld."

The restaurant and its owners "entered into an agreement ensuring that they would not intimidate or retaliate against employees who cooperate with a U.S. Department of Labor wage and hour investigation and subsequent ongoing litigation," the statement noted, adding that the owners have also agreed to stop having the employees sign documents waiving their rights under the Fair Labor Standards Act. The consent order was obtained from the U.S. District Court for the Eastern District of Virginia.

The restaurant disputes the allegations. A.J. Dhali, an attorney who responded to an emailed request for comment to the restaurant, said that they filed a motion for summary judgement on May 13 asking the court to dismiss the lawsuit.

"We believe the action is baseless and without merit," Dhali said.

Under the order, Aroma Indian Cuisine -- a full-service Indian food restaurant and catering service -- may not terminate employment, retaliate or discriminate against employees that they believe have or will speak with federal investigators, according to the Department of Labor statement.

"The order also requires the defendants to allow a department representative to provide employees with an oral and written statement about their right to speak with investigators and participate in the litigation without fear of retaliation," the statement reads. "The owners signed the statement and posted it at the restaurant."

The investigation began back in August 2013, and since then has uncovered several violations, prompting a civil suit, the statement says.

"The restaurant’s employees reported to investigators that the business’ owner asked employees to sign waivers purportedly waiving their right to recover back wages under the FLSA and their right to participate in the investigation and ongoing litigation," the statement noted. "Employees also reported feeling threatened for their potential involvement in the department’s case."

Image via the U.S. Department of Labor