Wage and Hour Division (WHD)

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NEW YORK -- The U.S. Department of Labor has sued two New Jersey Asian food stores doing business under the name Hong Kong Supermarket for alleged overtime and recordkeeping violations of the federal Fair Labor Standards Act (FLSA).

The lawsuit, filed in the U.S. District Court for the Southern District of New York since both stores have principal offices in New York City, names as defendants Hong Kong Supermarket of South Plainfield Inc. and Hong Kong Supermarket of East Brunswick Inc.

The suit alleges that, in many workweeks since June 1, 2002, 66 employees of the two stores were required to work more than 40 hours without being properly compensated for overtime. The suit also alleges that the defendants failed to maintain adequate and accurate records of employees and their wages, hours and other conditions of employment.

The FLSA requires that covered employees be paid at least the federal minimum wage as well as one and one-half times their regular rates of pay for hours worked over 40 per week. The law also requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.

“All employees,” said Phil Jacobson, director of the Labor Department’s Wage and Hour Division district office in New York City, “and especially low-wage workers such as these, deserve to be paid properly for all the hours they work. This lawsuit demonstrates that the department will not hesitate to take legal action against employers to enforce the rights of such workers.”

The suit asks the court to permanently prohibit the defendants from future violations of the FLSA and for an order requiring them to pay employees overtime back wages due, as well as an equal amount in liquidated damages or prejudgment interest.

This case was investigated by the New York City District Office of the U.S. Labor Department’s Wage and Hour Division in cooperation with the New York State Department of Labor’s Division of Labor Standards, which investigated the store chain’s locations in New York City. The suit was filed by the U.S. Labor Department’s Regional Solicitor’s Office, also in Manhattan.

For more information about the FLSA, call the U.S. Department of Labor’s toll-free help line at (866) 4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

Chao v. Hong Kong Supermarket of South Plainfield Inc. et al; Civil Action Number: 07-CV-2730

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