Federal Lawsuit filed against Phil-Am Food (now known as Filstop Grocery) in Jersey City.
Complaint: Wage Theft, Failure to Pay Law-Mandated Overtime Wages
LAGASPI v. PHIL-AM MERCHANDISING et al
Defendants: FLORENTINA SANTOS, OLIVER SANTOS, PHIL-AM MERCHANDISING
Plaintiff: JAMIE DELEON LAGASPI
Case Number: 2:2013cv01168
Filed: February 26, 2013
Court: New Jersey District Court
Office: Newark Office
Referring Judge: Mark Falk
Presiding Judge: William J. Martini
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201 Fair Labor Standards Act
Jaime was employed as kitchen staff at PhilAm Food. According to the lawsuit filed, he worked in excess of 40 hours a week, yet PhilAm Food willfully failed to pay him overtime compensation of one-half times the regular hourly rate, such failure being a violation of both the FLSA and the NJWPL.
According to Jaime, it was PhilAm Food’s standard policy and procedure not to pay overtime compensation to workers like him.
Legaspi estimated that over the years, there were hundreds similarly employed by PhilAm Food who did not receive the overtime pay mandated under the law.
“…there are approximately 300… most of whom would not be likely to file individual suits because they lack adequate financial resources, access to attorneys or knowledge of their claims.”
PhilAm Food “failed to make, keep, and preserve records with respect to each of its employees sufficient to determine the wages, hours, and other conditions and practices of employment in violation of the FLSA.”
Read the 14-page complaint here (PDF).
FLSA = Fair Labor Standards Act
NJWPL = New Jersey Wage Payment Law
Due to the filing of a federal lawsuit in 2015 and the resulting settlement agreement in 2016, Phil-Am Food grocery store is now known as Filstop. It does wholesale as LS Filipino.
LS FILIPINO MERCHANDISING INC
4201 Tonnelle Ave, North Bergen, NJ
Registered on August 21, 2015
State ID: 0450012311
Business type: Domestic Profit
FILSTOP INC / FILSTOP GROCERY
683 Newark Avenue, Jersey City, NJ
Online Retail Grocery Sore
Domestic Profit Corporation