Federal Court Grants Motion Sanctioning Kansas City, Missouri, Bakery For Failing to Comply with U.S. Labor Department Subpoena

KANSAS CITY, MO – The U.S. District Court in the Western District of Missouri has granted a motion sanctioning Scratch Bakery KC LLC – based in Kansas City, Missouri – for refusing to comply with a federal subpoena to provide documents to the U.S. Department of Labor's Wage and Hour Division (WHD) to determine compliance with the Fair Labor Standards Act (FLSA).

The court granted the motion against Scratch Bakery KC LLC after multiple federal court hearings and serving a subpoena on the employer to determine its FLSA compliance. The court also imposed a $100 daily fine until Scratch Bakery fully complies with the subpoena, and assigned responsibility for repayment of reasonable attorney fees in connection with the court's proceedings to the employer. In addition, the court suspended the statute of limitations' initial date - for any action brought by the Department for FLSA violations - from July 3, 2018, to the date Scratch Bakery fully responds to the subpoena.

"Complying with U.S. Department of Labor subpoenas is not optional," said Wage and Hour Division Regional Administrator Michael Lazzeri, in Chicago, Illinois. "This case demonstrates the Department's commitment to ensuring employees receive the wages they have earned and that employers comply with the law."

Scratch Bakery KC LLC's owner Brad Killen continually failed to produce requested documents or to appear at hearings set by the court. After he failed to appear at a November 30, 2018, hearing, the court directed the Department to file a motion outlining the relief sought. Killen was served with the motion granting such relief on March 22, 2019, at another business he owns, The Kansas City Baking Company in North Kansas City, Missouri.

WHD provides a wide variety of compliance assistance tools to help employers understand their responsibilities and employees understand their rights.

For more information about the FLSA and other laws enforced by WHD, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at http://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division.