Paul Castronovo

CASTRONOVO & McKINNEY, LLC

18 MacCulloch Avenue 

Morristown, NJ 07960

(973) 920-7888

Attorneys for Plaintiff 

Sherry Fisher

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

SHERRY FISHER,

Plaintiff,

v.

RONETCO SUPERMARKETS INC.,

Defendant.

Docket No: 

Civil Action

COMPLAINT AND JURY DEMAND

Plaintiff, Sherry Fisher (“Plaintiff”), through her attorneys, Castronovo & McKinney, 

LLC, files this Complaint and Jury Demand seeking compensatory damages, punitive damages, 

attorneys’ fees, and costs of suit from Defendant, Ronetco Supermarkets Inc. (“Defendant”), and 

alleges as follows:

INTRODUCTION

1. This is an action brought by Plaintiff alleging violations of the Fair Labor 

Standards Act (“FLSA”) and New Jersey’s Wage and Hour Laws and Regulations 

(“NJWHLR”).

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction over this action pursuant to 29 U.S.C. § 

201 et seq., and has supplemental jurisdiction over all state claims pursuant to 28 U.S.C. § 1367 

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as they are so related to claims in this action within such original jurisdiction as they form part of 

the same case or controversy. 

3. Venue is proper in this Court as Plaintiff resides in New Jersey and worked for

Defendant in Morris County, New Jersey, and the events giving rise to the claims occurred in 

this District.

IDENTIFICATION OF PARTIES

4. Defendant is a large private company with over $100 million in annual revenues 

operating supermarkets throughout New Jersey and other states. Defendant maintains its 

principal place of business at 1070 U.S. Highway 46, Ledgewood, New Jersey.

5. Plaintiff currently resides in Wayne, New Jersey. 

DEFENDANT WILLFULLY FAILED TO PAY OVERTIME

6. At all relevant times, Defendant was Plaintiff’s “employer” within the meaning of 

the FSLA and the NJWHLR, and, as such, had the power to hire and fire its employees, set their 

wages, issue W-2 forms, control terms of employment, and maintain records as required by law.

7. Plaintiff works in the Dairy/Frozen Food Department for Defendant in its 

Netcong Shop Rite supermarket and has worked for Defendant since 1999. Plaintiff worked 

approximately 1200 hours of overtime per year and was not compensated by Defendant for the 

overtime worked. 

8. Plaintiff is a non-exempt employee whom Defendant pays by the hour. 

9. Defendant required Plaintiff to work in excess of forty (40) hours per week 

without pay so she could fulfill her job responsibilities, Defendant was aware of Plaintiff’s 

overtime hours, and Defendant maintained a time-keeping system in order to clock in and out of 

work.

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10. Notwithstanding the hours worked by Plaintiff and the time-keeping system 

maintained by Defendant, Defendant willfully failed to pay overtime to Plaintiff as a non-exempt 

employee despite Plaintiff’s objections and with full knowledge of management.

11. Plaintiff has been substantially damaged by Defendant’s wrongful conduct.

FIRST COUNT

(Violations of the FLSA, 29 U.S.C. § 201 et seq.)

12. Plaintiff repeats and realleges the allegations of the preceding paragraphs. 

13. Defendant is a covered employer under the FLSA.

14. Plaintiff is a non-exempt employee of Defendant.

15. Defendant repeatedly violated the FLSA by engaging in a pattern and practice of 

failing to pay overtime to Plaintiff, who worked long hours for Defendant to complete her job 

responsibilities, after Plaintiff worked in excess of 40 hours per week.

16. Defendant’s actions were willful, wanton, malicious and in reckless disregard of 

Plaintiff’s rights.

SECOND COUNT

(Violations of the NJWLHR, N.J.S.A. 34:11-56a et seq.)

17. Plaintiff repeats and realleges the allegations of the preceding paragraphs. 

18. Defendant is a covered employer under the NJWLHR.

19. Plaintiff was a non-exempt employee of Defendant.

20. Defendant repeatedly violated the NJWLHR by engaging in a pattern and practice 

of failing to pay overtime to Plaintiff, who worked long hours for Defendant to complete her job 

responsibilities, after Plaintiff worked in excess of 40 hours per week.

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21. Defendant’s actions were willful, wanton, malicious and in reckless disregard of 

Plaintiff’s rights.

WHEREFORE, Plaintiff demands judgment against Defendant as follows: 

compensatory damages, liquidated damages, punitive damages, reasonable attorneys’ fees, preand post-judgment interest, costs of suit, and such other relief as the Court deems just and 

equitable under the circumstances.

CASTRONOVO & McKINNEY, LLC

Dated: March 9, 2011 By: /s/ Paul Castronovo

Paul Castronovo

Attorneys for Plaintiff

DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable.

CASTRONOVO & McKINNEY, LLC

Dated: March 9, 2011 By: /s/ Paul Castronovo

Paul Castronovo

Attorneys for Plaintiff

DESIGNATION OF TRIAL COUNSEL

Plaintiff designates Paul Castronovo as trial counsel in this action.

CASTRONOVO & McKINNEY, LLC

Dated: March 9, 2011 By: /s/ Paul Castronovo

Paul Castronovo

Attorneys for Plaintiff

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