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LAWSUITS NEWS & LEGAL INFORMATION

Overtime Pay

New York, NY: (Mar-18-08) The US Department of Labor brought a lawsuit against two New Jersey Asian food stores, doing business under the name Hong Kong Supermarket, alleging that their employment practices violated the federal Fair Labor Standards Act (FLSA). The suit, filed in the US District Court for the Southern District of New York, was the result of an investigation that revealed violations of the FLSA's overtime and record keeping provisions. The report stated that Spanish and Chinese-speaking employees of these supermarkets worked as many as 60 hours per week but were not aware of their right to receive overtime pay.

The investigation was conducted by the Department of Labor's Wage and Hour Division. The suit named Hong Kong Supermarket of South Plainfield Inc. and Hong Kong Supermarket of East Brunswick Inc. as defendants. Department of Labor officials stated that FLSA requires that covered employees be paid at least the federal minimum wage, as well as one and one-half their regular rates of pay for hours worked beyond 40 per week. It also mandated that accurate records of employees' wages, hours and other conditions of employment be maintained. The law stated that employees must not be retaliated against when they exercise their rights.

As part of a settlement reached, the two Asian food stores agreed to pay 57 current and former employees a total of $340,400 in back wages and damages, resolving allegations. Additionally, the defendants must pay a civil money penalty of $19,600 and must post official documents explaining employee rights under the FLSA where all employees may view them. [NJ BIZ: TWO HONG KONG SUPERMARKETS IN NEW JERSEY AGREE TO LAWSUIT SETTLEMENT]


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Published on Mar-19-08


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