U.S. Labor Dept. says Framingham restaurant employees can stand up for their rights

FRAMINGHAM — A Route 9 restaurant and its owner were hit with a court order forbidding them from retaliating against employees as part of ongoing litigation with the Department of Labor.

The U.S. Department of Labor received a court order in federal court that forbids the Framingham restaurant — Samba Steak & Sushi, as well as its former sister location, China Gourmet — from threatening or retaliating against employees and interfering with the department's ongoing litigation.

China Gourmet closed at some point after litigation had begun.

“The preliminary injunction in this case ensures that Samba’s workers can stand up for their rights under the Fair Labor Standards Act without the fear of negative consequences. Importantly, the court’s order specifically bars Samba and (owner Shi Yun "Joseph") Zhang from demanding any immigration-related information from employees because those employees engaged in FLSA protected activity,” said Maia Fisher, regional solicitor of labor in Boston, in a statement. “The U.S. Department of Labor will work tirelessly to ensure that employers do not use threats, including immigration-related threats, to prevent workers from asserting their workplace rights.”

Earlier: Samba in Framingham faces possible liquor license violations

Zhang, who also owned China Gourmet before its closure, was unavailable for comment.

Labor Dept. has filed suit, alleging restaurants did not properly pay OT

Zhang and co-owner Risheng Xu, according to the Labor Department, were the subjects of a 2022 investigation into the restaurants' compliance with the Fair Labor Standards Act (FLSA). The findings led the department to file suit in the U.S. District Court for the District of Massachusetts, alleging the restaurants and their owners violated federal law by not paying proper overtime and not keeping records of workers' pay and hours.

The complaint also alleges that Samba and its owners retaliated against employees by discouraging them from speaking with division investigators and having employees sign records that misrepresented the hours they worked. The Department of Labor also alleges that Samba and Zhang retaliated against employees by demanding they provide Social Security cards under threat of being fired.

The preliminary injunction specifically prohibits Samba and Zhang from doing the following:

• Firing employees or reducing their hours or pay without telling the Department of Labor and the affected worker the non-retaliatory justification for termination or reduction of wages or hours.

• Demanding immigration-related documents or information from employees, including but not limited to Social Security cards or numbers, employment authorization documents, visas, passports or driver's licenses.

• Instructing or otherwise communicating to employees not to speak to department representatives or to provide false information about their work hours, pay or other terms and conditions of their employment.

The injunction also requires Samba and Zhang to post and provide workers with a notice of their FLSA rights and allow division representatives to read the notice to workers during paid working hours.

Framingham sushi restaurant has had previous legal problems

This isn't the first time the Worcester Road restaurants have been in court.

In March 2018, a Middlesex County grand jury indicted Zhang, charging him with tampering with an object for use in an official proceeding. A trial ended in a hung jury, which led to a mistrial.

'Evidence was overwhelming': Owner of China Gourmet in Framingham faces retrial

In 2020, during a time of pandemic-related restrictions, Samba was hit with two fines totaling $300 for not complying with city and state orders and guidelines concerning outdoor dining. At the time, restaurants could only provide takeout or curbside pickup.

Later that summer, Samba was hit with two more allegations relating to liquor law violations. According to the allegations, Samba served food and drink outside a dining room, or other areas, deemed reasonable by local licensing authorities; and no person shall drink alcoholic beverages in a public way to which the public has the right to access.

In investigations of the two restaurants in 2020, the Wages and Hour division found widespread wage and record keeping violations. The restaurants paid $250,000 in back wages and promised future FLSA compliance as part of a settlement agreement.

The division’s Boston District Office conducted the investigation into the FLSA allegations. The regional office of the solicitor in Boston is litigating the case.

This article originally appeared on MetroWest Daily News: Labor Dept. says Framingham restaurant can't retaliate against workers