RESTAURANT LOSES EFFORTS TO SILENCE PROTEST ON ITS REFUSAL TO PAY OVERTIME
Spanish-speaking immigrant employees' claims that La Hacienda, a Madison restaurant, forced them to work off the clock without pay sparked protests and boycotts at the restaurant this summer, which have continued into the fall. Refusing to address the unpaid wages, La Hacienda sought a court injunction against the protestors and the Interfaith Coalition for Worker Justice of South Central Wisconsin, trying to prevent them from exercising their right to notify the community of the workers’ plight.
HQEP attorney, Aaron Halstead, represents the Interfaith Coalition in the action. On August 16, 2007, Judge Diane Nicks of Dane County dismissed the case, agreeing with Attorney Halstead that the action was improperly filed. La Hacienda did not appeal that dismissal and has filed a second suit, this time against the workers themselves, seeking a declaratory judgment that the restaurant is not indebted to any of the workers, in part on the basis that some of the employees signed releases of claims, albeit in English. HQEP is also representing the employees, furthering the work of the ICWJ and the Workers' Rights Center, which has been assisting the workers since their wages issues came to light. In addition, the U.S. Department of Labor has commenced a new investigation into the restaurant’s pay practices. It has been reported in the media that the restaurant paid over $38,000.00 in wages and penalties after an investigation that involved wage claims for 2003-2005.
HOSPITAL ATTACK ON UNION DEFEATED
In February 2007, St. Mary’s Hospital in Madison sued UNITE-HERE during an organizing campaign at Superior Health Linen, a laundry supplier to the hospital, after UNITE-HERE asked the hospital to speak out on behalf of the workers’ cause. St. Mary’s suit alleged that the union had interfered with contractual relations with “its” patients based on union leaflets asking about the hospital’s debt collection practices. Right after filing its lawsuit, St. Mary’s sought wide-ranging discovery from the union, including the union’s strategic plans, its communication and work plans, and records relating in any way to the activities of the union’s representative while in Dane County.
HQEP attorneys, Barbara Zack Quindel and Aaron Halstead, represented UNITE-HERE, filing a motion to dismiss the suit, asserting it was an attack on protected labor activity and First Amendment rights. The attorneys sought a court order against St. Mary’s effort to use a meritless lawsuit as a springboard to gain access to information about the union’s activities, plans and strategies.
In April 2007, Judge Nowakowski of Dane County Circuit Court ruled for the Union, denying the hospital’s effort to get immediate discovery, based on his finding that the union had made a substantial case for dismissing the lawsuit entirely. Five days later, St. Mary’s withdrew the lawsuit.
William Matthew Cronin vs. EBI, L.P. and EBI Holdings, Inc.
February 5, 2007 Order and Declaratory Judgment & Excerpts from January 23, 2007 Hearing Transcript in William Matthew Cronin vs. EBI, L.P. and EBI Holdings, Inc., Dane County (Wisconsin) Circuit Court Case No. 2006-CV-002883 (declaring illegal, void and unenforceable the non-competition provisions of EBI's Employment Agreement with Cronin). For ruling and trascript details, please click here. http://www.hqeplaw.com/Cronin.pdf