By Philip Sean Curran, Staff Writer
Three former employees of the 7-Eleven on Nassau Street have sued the store management and the corporate parent company in state Superior Court alleging they were the victims of wage theft during the brief time that they worked there until they were fired, their lawyer said Thursday.
Attorney Roger Martindell alleged that at least two of the men and possibly all three were not paid when they started their employment in late 2015, never received overtime pay for the more than 70 hours a week they worked there and were paid below the $8.38 an hour state minimum wage as manual laborers.
“They worked for several weeks without any pay,” said Mr. Martindell during a demonstration outside the store Thursday morning.
He said the three men are seeking back pay, but not reinstatement of their jobs. As part of their suit, they are suing on behalf of other 7-Eleven employees in Princeton and other parts of Central Jersey who are victims of wage theft. He said the suit also is seeking an injunction or court order barring 7-Eleven from denying its employees the minimum wage and the overtime rates of pay.
An employee in the Nassau Street 7-Eleven declined to comment. A spokeswoman at 7-Eleven corporate headquarters in Texas did not return a phone call seeking comment.
Mr. Martindell said there have been settlement discussions with the store management in Princeton, who allegedly said the three employees signed a statement saying they had been paid. Mr. Martindell said he has not seen the document and his clients were never given a copy. They were paid in cash only, Mr. Martindell said.
The three men were referred to Mr. Martindell through the Latin American Legal Defense and Education Fund, said Maria R. Juega, executive director of the nonprofit group.
Mr. Martindell declined to identify his clients, saying he had to get their permission first before releasing their names. He said they are Princeton residents originally from Guatemala, but he would not say if they are in the country legally.
“We prefer not to use their names,” Ms. Juega said, concerned if the media publicity might lead federal immigration authorities to “pick them up.”
Mr. Martindell said he did not know if the three men had presented documents to the store management showing they were legally eligible to work in this country.
“It’s incumbent upon the employer to check out the documents,” Mr. Martindell said. “Based on my experience, most employers don’t check out documents.”
Mr. Martindell, a former Princeton Borough Councilman, said it is “fairly common” in the Princeton area for restaurants, convenience stores and landscapers to hire undocumented immigrants.
During the first hour or so of the demonstration, about 10 people participated, some carrying signs in either English or Spanish.
“This just highlights the importance of making sure that employers are educated as to what the laws are as well as our members of our community that know about their rights,” said Princeton council candidate Leticia Fraga, who participated in the protest. “Our law should be enforced.”
Princeton, a sanctuary city for illegal immigrants, has sought to crack down on wage theft violations in the landscaping industry, one of the main businesses that rely upon undocumented workers.
“There’s been a movement here in town to push for anti-wage theft ordinance. And it’s something that the municipality could work on to make sure that workers get their wages covered,” said Craig Garcia, political director with the New Jersey Working Families Alliance, a pro-labor group.
He said other New Jersey towns have come up with a municipal licensing program for employers in their communities, who could have their license revoked for failing to comply with either court or Department of Labor orders to pay unpaid wages. New Brunswick, he said, has a mercantile license covering “a wide range of businesses” that include restaurants and laundromats.
