Department of Labor files lawsuit against Henry’s Turkey Service
by Lindsay Hoeppner · November 24, 2009

More than nine months after local, state and federal authorities descended upon the dilapidated century-old schoolhouse turned bunkhouse containing 21 mentally handicapped men in Atalissa, new allegations have surfaced.

Last Wednesday, Nov. 18, the U.S. Department of Labor filed a lawsuit, suing Henry’s Turkey Service for allegedly paying its mentally handicapped workers $65 a month to work cleaning and gutting turkeys at West Liberty Foods in West Liberty.

On Feb. 8, the men, locally known as the Henry Boys, were evacuated from the bunkhouse they had called home for 35 years, and transferred to Exceptional Persons, Inc. in Waterloo.

Although the Henry Boys lived in the bunkhouse owned by the City of Atalissa, they worked and were cared for by Henry’s Turkey Service, which is based in Goldthwaite, Texas. The company was contracted by West Liberty Foods to provide labor to the turkey processing plant.

The Department of Labor alleges Henry’s co-owner Kenneth Henry of Proctor, Texas, directed the Atalissa operation from Texas, and traveled to the Iowa-based establishment several times a year.

In addition, Henry “made weekly and monthly phone calls to Henry’s Turkey Services’ Iowa personnel directing the Henry’s Turkey Service operation; made decisions regarding the termination of the company’s contract with West Liberty Foods, Inc.; made decisions regarding the pay and work hours of Iowa residents; and acted directly or indirectly in the interest of Henry’s Turkey Service in relation to its employees.”

The department alleges Henry’s Turkey Service paid the workers “a monthly wage of $65 regardless of the number of hours worked, resulting in a failure to pay the workers the applicable minimum wage for all hours worked.”

Some of the men worked more than 40 hours in a workweek and were not compensated accordingly, the lawsuit claims.

The department additionally alleges Henry’s Turkey Service failed to keep accurate and complete records of the mens’ wages and work hours.

As a result, the department is seeking a court judgement requiring Henry’s Turkey Service to pay its workers wages dating back to November 2006, combined with interest and damages.

The lawsuit comes just over two weeks after the Iowa Division of Criminal Investigation wrapped its investigation into the alleged exploitation of the Henry Boys. The agency’s findings were passed on the the Muscatine County Auditor’s Office for review.

Kenneth Henry had no comment on the matter.

“We’re not supposed to be talking to people,” he said.

Calls to his local attorney, David Scieszinski of Wilton, were not returned by press time on Monday.