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Bergen Recycling No Proper Overtime Pay and Taking of Tips Class Action

This labor law complaint brings suit against Bergen Recycling, Inc. (BRI) and Maria Monteferrario, a related individual, alleging they did not pay employees proper overtime pay and took tips belonging to them. The suit is both a collective action, under the federal Fair Labor Standards Act (FLSA) and a class action under the New Jersey Wage and Hour Law (NJWHL) and the New Jersey Wage Payment Law (NJWPL).

The FLSA Collective Class is all current and former employees who worked for BRI for more than forty hours in a week, who were not paid overtime compensation, and/or whose tips were misappropriated, between February 15, 2019 and the present, who opt in to this action.

The Rule 23 Class is all current and former employees who worked for BRI in New Jersey for more than forty hours in a week, who were not paid overtime compensation, and/or whose tips were misappropriated, between February 15, 2019 and the present.

The plaintiff in this case, Noel Clemente San Pedro, worked as a cashier and recycling employee from around February 2001 to around March 18, 2020. According to the complaint, he and the other class members in this case were non-exempt employees. It says that his duties included buying recyclable materials from customers, weighing them, loading them onto trailers, answering the phone, and answering customer questions.

From around February 2001 to around July 2018, the complaint alleges, he regularly worked six days a week, for around fifty-two hours per week.

From around August 2018 to around March 18, 2020, it claims, he still regularly worked six days a week, with slightly different hours, for around fifty-five hours per week.

His pay, from around February 2014 to around March 18, 2020, the complaint says, was $18.75 per hour, for all the hours he worked.

During the time of his work for BRI, the complaint claims, he was never given meal or rest breaks and the company did not keep a record of his hours.

Also during that time, the complaint claims, BRI kept a tip jar where customers could leave tips for workers. Between 2001 and around 2014, it says, BRI distributed the tips evenly to employees once a year, around the middle of December, with San Pedro receiving about $900 to $950 per year in tips. However, the complaint alleges, from in or around 2015 to March 18, 2020, BRI no longer distributed the tips to the workers. The complaint alleges that BRI kept the tips for itself.

According to the complaint, the company’s refusal to pay proper overtime pay of one and a half times the employees’ hourly rates and its misappropriation of their tips is an “intentional and willful” violation of federal and state laws.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Bergen Recycling No Proper Overtime Pay and Taking of Tips Complaint

February 15, 2022

This labor law complaint brings suit against Bergen Recycling, Inc. (BRI) and Maria Monteferrario, a related individual, alleging they did not pay employees proper overtime pay and took tips belonging to them. The suit is both a collective action, under the federal Fair Labor Standards Act (FLSA) and a class action under the New Jersey Wage and Hour Law (NJWHL) and the New Jersey Wage Payment Law (NJWPL).

Bergen Recycling No Proper Overtime Pay and Taking of Tips Complaint

Case Event History

Bergen Recycling No Proper Overtime Pay and Taking of Tips Complaint

February 15, 2022

This labor law complaint brings suit against Bergen Recycling, Inc. (BRI) and Maria Monteferrario, a related individual, alleging they did not pay employees proper overtime pay and took tips belonging to them. The suit is both a collective action, under the federal Fair Labor Standards Act (FLSA) and a class action under the New Jersey Wage and Hour Law (NJWHL) and the New Jersey Wage Payment Law (NJWPL).

Bergen Recycling No Proper Overtime Pay and Taking of Tips Complaint
Tags: Employment Violations, Overtime Not Paid at Overtime Rates, Unpaid Tips