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US Department of Labor seeks court order against Cheyenne restaurant for records

Dog Haus Biergarten (Google Maps)

CHEYENNE, Wyo. — The U.S. Department of Labor has filed a petition in federal court against FAFO Restaurant Group LLC, doing business as Dog Haus Biergarten in Cheyenne, for failing to comply with a federal subpoena. The subpoena, served in May, requested documents as part of an investigation into potential violations of the Fair Labor Standards Act.

The Department of Labor’s Wage and Hour Division, or WHD, began its investigation into Dog Haus Biergarten in March, according to the petition filed on Sept. 10. The investigation is aimed at determining whether the restaurant violated labor laws regarding wages, overtime and record-keeping practices.

Despite multiple attempts by the WHD to obtain the necessary documents from Dog Haus Biergarten, the restaurant has not complied. The WHD made several requests between March and April, including emails and conversations with the restaurant’s owners and managers. However, the restaurant repeatedly failed to provide the requested documents, the petition states.

In May, the WHD issued a formal subpoena to Dog Haus Biergarten, seeking additional records to continue the investigation. This subpoena was delivered to multiple addresses, including the restaurant, the homes of its owners and their email accounts. Even after receiving the subpoena, the restaurant did not respond.

The petition filed by the U.S. Department of Labor in the U.S. District Court for the District of Wyoming requests that the court compel Dog Haus Biergarten to comply with the subpoena within 10 days or show cause for its failure to do so. Additionally, the department seeks to suspend the statute of limitations for the investigation from May 23, when the restaurant first failed to comply, until the documents are provided.

The petition is supported by a brief and several exhibits that outline the Department of Labor’s efforts to secure compliance. If the restaurant fails to comply with the court order, it may face further legal consequences.


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