San Antonio, TX — A group of over two dozen former employees of the popular restaurant chain Delia’s Tamales, known for its roots in the Rio Grande Valley, are taking legal action against the company, alleging wage theft. These former workers, many of whom are of retirement age and undocumented, claim they were threatened with immigration enforcement if they raised concerns about their unpaid wages.
Last week, a federal magistrate judge decided that Delia Garza, the company’s founder, whose story of elevating from selling tamales door-to-door to owning a celebrated chain is well-known throughout Texas, cannot be named as a defendant in the suit. This decision came after the plaintiffs attempted to amend their complaint to include her directly and reintroduce claims related to the immigration threats, which had been previously removed in the federal court phase.
Originally filed in the fall of 2023, the lawsuit has undergone several revisions, with the latest courtroom proceedings overseen by a Houston judge noted for stringent adherence to deadlines. The judge, in a three-page order, expressed perplexity over why the plaintiffs had not sought to make these amendments earlier, as the deadline for such changes had been set for January.
The legal complexities continue with debates over whether the lawsuit should proceed as a collective action, which would allow the former workers to pool their allegations into a single case. Presently, each complaint is being handled individually within one consolidated court case.
This lawsuit, already garnering significant local attention due to the beloved status of Delia’s Tamales in the region, is further complicated by a separate but simultaneous criminal investigation. On July 24, federal agents from both the FBI and the IRS Criminal Investigations division conducted raids at all Delia’s Tamales locations across the Valley and in San Antonio. Details of the investigation remain undisclosed, but the visible presence of these agencies highlights the seriousness of the allegations.
The success story of Delia Garza has resonated with many Texans. Governor Greg Abbott has previously showcased his visits to the tamale chain during major events, further cementing its status as a cultural and culinary landmark in the state.
As Delia’s Tamales continues to operate amidst these legal challenges, the community and avid patrons of the restaurant watch closely. The next crucial date in this unfolding legal saga is set for next February, when a subsequent court hearing will take place, potentially setting the stage for new developments in this complex case.
Nevertheless, despite the ongoing litigation, Delia’s Tamales remains a popular choice among residents and visitors alike, maintaining its reputation for quality food woven into the fabric of Texas’s rich culinary tapestry. The outcome of these legal proceedings will likely hold implications not only for the plaintiffs and the company itself but for the broader community where Delia’s Tamales has long been a cherished institution.