Rachel Weedman, a former employee of Fiamma Pizza, stands in front of the business on Feb. 18. Weedman said she intends to take legal action against the company after the Department of Labor determined it owes more than $82,000 in back wages to 73 employees due to violations involving tip pool collection and overtime payments. Rachel Showalter The Bellingham Herald
Managers at two well-known downtown Bellingham restaurants have been improperly taking tips intended for dozens of servers, cashiers and others — and those employees are owed more than $80,000 in back pay, according to a U.S. Department of Labor report.
La Fiamma Wood Fire Pizza and Fiamma Burger are the two restaurants named in an investigation that started with a complaint filed in May 2023 and concluded in 2024.
An investigation conducted by the Department of Labor’s Wage and Hour Division in Seattle found that 73 employees of the two restaurants are owed $82,068.68 in tips and overtime, according to a document obtained by The Bellingham Herald.
“Therefore, as the firm has agreed to future compliance but has refused to pay the back wages, the liquidated damages and civil money penalties, the file should be reviewed for litigation,” the Wage and Hour Division report concludes.
Because of budget constraints, the Labor Department isn’t taking punitive action or forcing La Fiamma to pay, a department official told The Herald. That official could only speak on background, citing the current political climate in Washington, D.C. (Emphasis by IWW, and we add- dependency on government bodies to safeguard workers and their issues is not ‘direct action’- unionizing and taking action on the job are, and can get immediate result. This is the IWW’s strategy of ‘solidarity unionism’. )
Nevertheless, the Labor official verified the investigation’s findings that employees at Fiamma Pizza and Fiamma Burger were forced to share tips in a pool that included seven managers who were not eligible to receive combined tips. A worker is not eligible for tips if their duties include scheduling, hiring and firing of employees — even if they are an hourly worker, the official said.
The official said that La Fiamma was breaking labor law and that the former employees are owed back pay. Since the Labor Department isn’t pursuing legal action, the employees will have to sue on their own or under a class action to get their money, the official said. (Or- how about a boycott?)
That’s exactly what former Fiamma Pizza employee Rachel Weedman told The Herald she intends to do because the company’s owners are refusing to pay, according to Weedman and a July 5, 2024, summary of the investigation.
“What they did was wrong,” Weedman said in an interview with The Herald. “Other people were hurt. A lot of people were screwed over. I see it — I can’t just not do anything.”
“What they did was wrong,” Rachel Weedman said in an interview with The Herald. Rachel Showalter The Bellingham Herald
The DOL report criticizes owners Ken Bothman and Daniel Bothman — along with their lawyer, Carrie Blackwood of Barron Quinn Blackwood of Bellingham — for their confusion with labor law and for failing to contact federal authorities in a timely manner in response to the inquiry.
“They keep trying to feign ignorance, as if that means you are not culpable and not responsible for breaking the law,” Weedman said. “They know what the right thing is. They know. They’ve been told by many, many people. There are 72 other employees that had money taken from them.”
In emails to The Herald and in a separate letter to employees, La Fiamma’s Ken Bothman denied responsibility for back tips, wages and overtime. He also claimed the investigation was “dropped,” which is false, according to the Labor official.
“After we shared information with the DOL to help them better understand our practices, they made the determination not to move forward with the complaint,” Ken Bothman told The Herald in an email.
“To our knowledge, we are, and have been, operating in compliance with the Fair Labor Standards Act,” Bothman said in a Nov. 5, 2024, letter to employees that was shared with The Herald.
Bothman said the company’s restaurants are in compliance with the law, but he did not respond to specific questions from The Herald about whether the company intended to pay back the lost wages to its employees or whether it had changed its tip pool practices.
“At our restaurants, as allowed by law, the only individuals participating in the pooling of tips are hourly employees providing direct service to customers. This is the industry standard and is fully compliant,” Bothman told The Herald. “Again, our compliance remains, and the department did not determine the case suitable for litigation.”
“To our knowledge, we are, and have been, operating in compliance with the Fair Labor Standards Act,” Fiamma Pizza co-owner Ken Bothman told employees. Rachel Showalter The Bellingham Herald
Bothman said the company has made mediation offers to “one former employee,” who he said “raised further concerns” after the DOL decided not to pursue litigation.
“We have made multiple offers to meet with this individual to fully explain our compliance — including with the assistance of a mediator — but this one person has not taken advantage of this opportunity, making it challenging to resolve this matter constructively,” Bothman said.
Weedman said she isn’t interested in mediation. She said she cares about the employees who are owed back pay.
“What do we have to mediate? This is not a gray area situation. This is black and white, period,” Weedman said. “We’re not asking for anything egregious. This is just for everybody to get the money they’re owed.”
Weedman said she hopes the restaurant “does the right thing” and “takes responsibility.”
“It’s a great place. I loved everybody I worked there with. It’s not that I don’t want people to be able to get their delicious pizza in town. But I want there to be some accountability,” Weedman said.
Though the federal government is not suing, La Fiamma still owes the money to its employees as the investigation concludes, the Labor official said.
The Department of Labor investigation started with Fiamma Pizza, but expanded to include Fiamma Burger, “due to systemic violations found,” the report said.