Department of Labor obtains judgment ordering food vendor to pay $15K in back wages, damages to workers denied overtime, allegedly threatened

Date of action:           June 28, 2024

Type of action:          Consent judgment

Employer name:       Ikaros Gourmet Co., operating as Simon’s Food Concessions

Address:                        1412 Chelton Ave., Pittsburgh, PA 15226

Allegations:               Prompted by the findings of an investigation by the U.S. Department of Labor’s Wage and Hour Division, the department’s Office of the Solicitor filed suit in September 2023 against Ikaros Gourmet Co., a food stand operating as Simon’s Food Concessions, citing numerous violations of the Fair Labor Standards Act. 

The division determined that the company failed to pay overtime wages to six employees for hours over 40 in a workweek; instead paying straight-time wages for all hours worked. The employer also failed to keep accurate records of total hours worked.

Investigators also learned the employer allegedly threatened workers it believed cooperated with them, including a worker with an H-2B visa who the company attempted to send home before their contract ended.

In September 2023, the department obtained a temporary restraining order to stop the employer’s retaliation and interference with the division’s investigation.

Resolution:                In June 2024, the department obtained a consent judgment ordering the employer to pay $5,073 in back wages and an equal amount in liquidated damages for six workers. The judgment also required Ikaros to pay one worker an additional $4,853 in back wages, liquidated damages, compensatory and punitive damages for the retaliation violations.

Court:                        U.S. District Court for the Western District of Pennsylvania

Quote:                        “Federal law protects workers’ rights to participate in investigations into a company’s pay practices and prevents employers from retaliating or intimidating those who do,” said Wage and Hour Division District Director John DuMont in Pittsburgh. 

                                        “We are committed to protecting workers’ rights to approach the Department of Labor to provide information regarding harmful employment practices,” said Regional Solicitor of Labor Samantha Thomas in Philadelphia. “We will use all available tools to prevent and stop retaliation against workers.”

Background:             Based in Pittsburgh, Simon’s Food Concessions has specialized in catering and food concessions at public events in Pennsylvania and nearby states since 1976.

Learn more about the Wage and Hour Division.