The saga surrounding Tank Noodle just took another twist as state officials say they’ve reached out to the owners of the Uptown restaurant to determine if they need to give back a $150,000 Business Interruption Grant (BIG) awarded in September. On Wednesday, the U.S. Department of Labor revealed that Tank had violated federal laws and owed 60 workers nearly $700,000 in back pay.

The Labor Department said it investigated Tank Noodle over the fall — after the restaurant received the grant — and found that Tank’s management engaged in wage theft by withholding overtime and garnishing tips; management illegally kept shares from tip pools for themselves.

Those violations would make Tank, one of the most popular stops for pho in Chicago, ineligible for the grant — recipients are required to “continue to comply with all relevant laws, regulations, and executive orders from the state and federal government, including the social distancing guidelines as promulgated by the executive orders of the Illinois governor.”

Tank Noodle, open for two decades, has had a tumultuous 2021. In January, members of Tank Noodle’s ownership attended the January 6 rally in Washington, D.C. supporting former President Donald Trump’s lies that he did not lose the election. An owner posted a selfie on Facebook showing himself on a plane to D.C. Another member posted photos of past protests in D.C. using the hashtag “#StopTheSteal.”

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Federal authorities say Tank Noodle’s ownership withheld $697,295 in wages to 60 workers — or $11,621 per employee. Ownership signed a document in December in which it agreed to pay their workers that amount, according to the Labor Department.

The Vietnamese restaurant’s ownership has until March 11 to respond to the state’s inquiry regarding ineligibility, according to a spokesperson for the Department of Commerce and Economic Opportunity (DCEO). The state’s BIG program was designed to help small businesses harmed by the pandemic. The state reports that 48 percent (3,747) of the 8,325 grants awarded by the state went to restaurants and bars. Fitness centers, event and indoor recreation venues were among other businesses that received the $290 million in funds. Money was given out in two waves last year, and restaurant owners who didn’t get grants remain peeved about how the money was distributed.

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Grant applicants like Tank Noodle were required to certify compliance with city, state, and federal laws. They’re also required to disclose any ongoing lawsuits, claims, and investigations that they know about. Applicants are informed that violations would place their grants in jeopardy.

As responsible restaurant owners saw counterparts who ignored COVID-19 safety measures received money, they were disgusted. Earlier this month, the state admitted that it had not recovered funds from those who challenged Gov. J.B. Pritzker’s indoor dining bans. The DCEO says it’s raised eligibility issues to 66 businesses, and those matters remain under review. Compliance concerns include violations of public health orders.

For Tank Noodle, the state is taking a hard look at clawing back funds. The DCEO provided the following statement in regards to the violations detailed by the Labor Department:

Upon learning of this violation, DCEO reached out to the owners of Tank Noodle to learn more about the circumstances related to this incident and to notify them of a potential ineligibility for funds under the terms of their grant award agreement. We expect all BIG recipients to maintain full compliance with state and federal laws, as outlined in their agreement, and this matter is currently under review.

Tank Noodle was open Thursday, but workers declined comment only saying that a manager would be available on Saturday. Its social media pages remain deactivated.

As the fight to include a $15 federal hourly minimum wage in the coronavirus relief bill hits speed bumps including an objection from the Senate parliamentarian and White House reluctance to go against her advice, over 150,000 voters by Friday signed a petition supporting the wage hike.

'The passage of a $15 federal minimum wage and elimination of the subminimum wages for tipped workers, workers with disabilities, and youth workers would guarantee a livable wage for all workers.'
—Saru Jayaraman,
One Fair Wage

'We call on the Biden administration to disregard the parliamentarian rule and proceed with a [Covid-19] package that includes One Fair Wage of $15,' Saru Jayaraman, president and co-founder of One Fair Wage—which is leading the petition—said in a statement.

'The passage of a $15 federal minimum wage and elimination of the subminimum wages for tipped workers, workers with disabilities, and youth workers would guarantee a livable wage for all workers for the first time in our country's nearly 250 year history,' Jayaraman continued. 'Decency is Democrats using the political power they've been handed to finally deliver for the hardworking people of this country who have been repeatedly stepped on and disregarded over the last four years and especially during the pandemic.'

Dozens of progressive organizations also endorsed a letter accompanying the petition calling on President Joe Biden and Vice President Kamala Harris to ignore the parliamentarian's ruling and do 'whatever it takes' to deliver on their promise to voters.

'We are women of color, people of color, women, low-wage workers, and organizations that represent and support them,' the letter states. 'We are writing to urge you to use the full power of your office to bring essential financial relief to all working people in America, by ensuring that a $15 federal minimum wage is included in the budget reconciliation process, regardless of the opinion of the parliamentarian.'

So many women, folks of color, and working people in this country are struggling. We deserve so much better.

We're won't stop until we achieve the $15 min wage increase. #RaiseTheWage

— UltraViolet (Text JOIN to 98688) (@UltraViolet) February 26, 2021

We'll be making the case for the critical need to #RaiseTheWage TODAY on the Hill in DC. Join us! pic.twitter.com/7wbJ6lveqB

— UltraViolet (Text JOIN to 98688) (@UltraViolet) February 26, 2021

Some of the groups signing the letter include CASA, Center for Popular Democracy, Girls Who Code, Patriotic Millionaires, Presente.org, and the Urban League.

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Progressive lawmakers are also urging Harris to ignore chief Senate parliamentarian Elizabeth MacDonough and tell the clerk to call the roll for a vote.

.@RepJayapal, chair of Congressional Progressive Caucus, on minimum wage:

“I don’t think we can go back to voters and say, ‘Look, I know ... we promised it, but because of an unelected parliamentarian who gave us a ruling, we couldn’t do it.’ Nobody’s going to buy that'

— Jeff Stein (@JStein_WaPo) February 26, 2021

'People don't care about listening to the parliamentarian,' Rep. Cori Bush (D-Mo.) tweeted. 'People care about getting the relief they need. Do what it takes to raise the minimum wage to at least $15.'

Rep. Ro Khanna (D-Calif.) tweeted, 'I'm sorry—an unelected parliamentarian does not get to deprive 32 million Americans the raise they deserve. This is an advisory, not a ruling... Harris needs to disregard and rule a $15 minimum wage... We were elected to deliver for the people. It's time we do our job.'

House Speaker Nancy Pelosi (D-Calif.), while avoiding the robust language of some of her more progressive colleagues, said on Friday: 'As a matter of practice, I don't get involved with the United States Senate. But as a matter of values, I can just say, we will not rest until we pass the $15 minimum wage.'

House Speaker Nancy Pelosi on the Senate parliamentarian nixing the $15 wage increase: 'As a matter of practice, I don't get involved with the United States Senate. But as a matter of values, I can just say, we will not rest until we pass the $15 minimum wage.' pic.twitter.com/jRBPdrNZHi

— ABC News Politics (@ABCPolitics) February 26, 2021

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If Harris were to use her power to keep the $15 minimum wage in the coronavirus relief bill, the two Democratic senators who have come out against the pay hike—Sens. Joe Manchin (D-W.Va.) and Krysten Sinema (D-Ariz.)—would be forced to drop their opposition to the popular proposal, or vote to torpedo the entire $1.9 trillion aid package due to its inclusion.