The Cheesecake Factory has denied imposing a COVID-19 gag order on an employee who filed a complaint with labor authorites saying she was told not to discuss positive coronavirus cases within the restaurant.
“The Cheesecake Factory is denying they ever had a gag order,” the company told Nation’s Restaurant News.
The employee, who works at a Cheesecake Factory in Arizona, filed the complaint with the National Labor Relations Board earlier this summer, according to Bloomberg. However, the complaint was removed after the casual dining chain “clarified” its procedures for discussing COVID-19 cases.
“The company has never had a policy that prevents staff members from discussing issues related to COVID in the workplace,” Sidney M. Greathouse, vice president of legal services, said in a statement sent to NRN. “Our staff members are always free to discuss these issues amongst themselves.”
The casual dining chain said “this server misunderstood” what she was told when managers informed her that another employee had tested positive, and that she might be exposed.
Greathouse said the company takes steps to protect the identity and confidential health information of any individual who has tested positive.
“We believe the charge in question arose as a result of the company balancing its obligation to protect private and confidential health information of specific staff members who may have been impacted by COVID-19 while at the same time allowing staff members to discuss COVID issues amongst themselves,” he said.
Greathouse said the health and well-being of staff members and guests “is our number one concern and we are committed to providing a safe environment for everyone.”
When a worker has tested positive for COVID-19, the chain said it is standard procedure to immediately remove that person from schedule. That person is also required to self-isolate for the duration of the illness.
“Additionally, we immediately notify anyone who has been in close contact with that person to self-quarantine and notify all staff members that someone tested positive,” Greathouse said.
Per the Centers for Disease Control and Prevention and local health department guidelines, the company said all close contacts are required to self-quarantine for 14 days. The chain said it provides sick pay for “these individuals” so that they continue to receive compensation for a period of up to 14 days, which is required under the Families First Coronavirus Response Act.
The company declined to reveal how many total positive COVID-19 cases have occurred among staff members.
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