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KLAFTER OLSEN & LESSER LLP 

Seth R. Lesser

Fran L. Rudich

Two International Drive, Suite 350 

Rye Brook, NY 10573

(914) 934-9200

-and132 Haddon Avenue

Haddonfield, NJ 08033 

(856) 857-1127

slesser@klafterolsen.com

frudich@klafterolseon.com

LITE DEPALMA GREENBERG, LLC

Joseph J. DePalma

Mayra V. Tarantino

Two Gateway Center, 12 Floor

Newark, NJ 07102

(973) 623-3000

jdepalma@litedepalma.com

mtarantino@litedepalma.com

[Additional Counsel Listed On Signature Page]

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

______________________________________X

AMRO HEGAB, Individually and on Behalf :

of All Other Persons Similarly Situated, : Civil Action No.: 

:

Plaintiff, :

: COMPLAINT AND

 -against- : JURY DEMAND

:

FAMILY DOLLAR STORES, INC., :

:

Defendant. :

______________________________________X

1. Plaintiff Amro Hegab (“Plaintiff”) complains, pursuant to Fed. R. Civ. P. 23, on 

behalf of himself and a class of other similarly situated current and former Store Managers

Case 2:11-cv-01206-CCC-JAD Document 1 Filed 03/03/11 Page 1 of 11 PageID: 1
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employed within the State of New Jersey by Defendant Family Dollar Stores, Inc. (“Defendant”), 

that he and the proposed class are entitled to back wages from Defendant for all hours worked by 

them, as well as for overtime work for which they did not receive overtime premium pay, as 

required by the New Jersey State Wage and Hour Law, N.J.S.A. §§ 34:11-56a, et seq. 

(“NJWHL”).

THE PARTIES

2. Plaintiff was, at all relevant times to the claims in this action, an adult individual 

residing at 382 William Street, Piscataway, New Jersey 08854.

3. Plaintiff was employed in various locations in New Jersey by Defendant from in or 

about September 2007 until in or about April 2010 as a store manager. 

4. While employed as a store manager, Plaintiff regularly worked in excess of forty 

(40) hours per workweek, without receiving overtime compensation as required by state law.

5. Defendant Family Dollar Stores, Inc., is a Delaware corporation, with a principal 

place of business at 10401 Monroe Road, Matthews, North Carolina 28105, and operates retail 

stores throughout the United States, including many such stores in the State of New Jersey. 

According to Defendant’s own website and financial statements, it owns and operates 

approximately 6,800 retail stores in the United States, including 85 in the State of New Jersey. 

Defendant was and is doing business in New Jersey.

JURISDICTION AND VENUE

6. This Court has jurisdiction over Plaintiff’s claims pursuant to 28 U.S.C. § 

1332(d)(2)(A), the Class Action Fairness Act (“CAFA”). The case is a class action, the parties are 

diverse and the amount in controversy exceeds $5,000,000 exclusive of interest and costs. At least 

one member of the proposed class is a citizen of a state different from that of Defendant.

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7. Plaintiff’s claims involve matters of national or interstate interest.

8. Defendant is subject to personal jurisdiction in New Jersey.

9. Venue is proper in this district pursuant to 28 U.S.C. §1391(a) and (c) inasmuch as 

a substantial part of the events or omissions giving rise to the claims occurred in this District.

10. This Court is empowered to issue a declaratory judgment pursuant to 28 U.S.C. §§ 

2201 and 2202.

CLASS ALLEGATIONS

11. Plaintiff sues on his own behalf and on behalf of a class of persons under Rules 

23(a), (b)(2) and (b)(3) of the Federal Rules of Civil Procedure.

12. Plaintiff brings his NJWHL claims on behalf of all persons who were employed by 

Defendant at any time since March 3, 2009, in the State of New Jersey, to the entry of judgment in 

this case (the “Class Period”), who were employed by Defendant as store managers and/or other 

comparable positions with different titles, who were non-exempt employees within the meaning of 

the NJWHL and who have not been paid for all hours worked by them as well as overtime wages 

in violation of the NJWHL (the “Class”).

13. The persons in the Class identified above are so numerous that joinder of all 

members is impracticable. Although the precise number of such persons is unknown, and the 

facts on which the calculation of that number are presently within the sole control of Defendant,

upon information and belief, there are at least 300 members of Class during the Class Period.

14. The claims of Plaintiff are typical of the claims of the Class and a class action is 

superior to other available methods for the fair and efficient adjudication of the controversy 

particularly in the context of wage and hour litigation where individual plaintiffs lack the financial 

resources to vigorously prosecute a lawsuit in federal court against a defendant.

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15. There are questions of law and fact common to the Class, which predominate over 

any questions solely affecting the individual members of the Class, including but not limited to:

a. whether Defendant employed the members of the Class within the meaning of the 

NJWHL;

b. what proof of hours worked is sufficient where employers fail in their duty to 

maintain time records;

c. whether Defendant failed and/or refused to pay the members of the Class 

premium pay for hours worked in excess of forty hours per workweek within the 

meaning of the NJWHL;

d. whether Defendant misclassified Plaintiff and the Class as exempt under the 

relevant provisions of the NJWHL;

e. whether Defendant is liable for all damages claimed hereunder, including but not 

limited to compensatory, punitive and statutory damages, interest, costs and 

disbursements and attorneys’ fees; and

f. whether Defendant should be enjoined from such violations of the NJWHL in the 

future.

16. Defendant has acted or refused to act on grounds generally applicable to the Class, 

thereby making appropriate final injunctive relief or corresponding declaratory relief with respect 

to the Class as a whole.

17. Plaintiff is committed to pursuing this action and has retained competent counsel 

experienced in wage and hour law and class action litigation.

18. Plaintiff has the same interests in this matter as all other members of the class and 

Plaintiff’s claims are typical of the Class.

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STATEMENT OF FACTS

19. At all relevant times, Plaintiff and the Class were employed by Defendant as Store 

Managers and/or other comparable positions with different titles.

20. Plaintiff’s work was performed for the benefit of Defendant, in the normal course 

of the Defendant’s business and was integrated into the business of the Defendant.

21. The work performed by Plaintiff required little skill and no capital investment; his 

duties did not include managerial responsibilities or the exercise of independent judgment. 

Rather, it involved many insignificant duties and duties identical to most non-exempt, hourly 

associates, non-exempt hourly cashiers and non-exempt hourly stock clerks.

22. Defendant has improperly labeled persons employed in the position of “manager” 

in their New Jersey state Family Dollar store locations as being exempt from overtime pay 

requirements under state law. However, persons employed in the position of “manager” during 

the statutory period, have performed few or no “managerial” duties. Instead, their primary job 

duties involve stocking and organizing shelves, running the cash registers, unloading trucks, 

cleaning the floors including sweeping and mopping, cleaning and mopping the bathrooms, 

removing trash and sweeping the sidewalks in front of the store, emptying trash bins, unpacking 

boxes of merchandise, wiping down counters, cleaning and wiping down shelves, merchandising 

pack outs, performing recovery, returns and tagging of clothing, checking product expirations, 

breaking down empty cartons, arranging store aisles in accordance with pre-determined 

corporate issued “planograms,” “schematics” and “end caps,” unloading trucks, stocking 

shelves, and performing other non-managerial duties. In sum, the job duties of Plaintiff and the

other similarly situated employees of the Class did not require them to customarily or regularly 

exercise discretionary powers. 

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23. Defendant schedules managers, including Plaintiff, to work in excess of forty (40) 

hours per week in order to accomplish the plethora of standardized tasks that it mandates 

persons employed in these positions to complete. However, Defendant failed, and continues to 

fail, to properly compensate such employees, including Plaintiff, for overtime wages for hours 

worked in excess of forty (40) per week. Plaintiff regularly worked in excess of 60 hour work 

weeks, six days per week.

24. Plaintiff spent well over 20% of his working hours performing non-exempt tasks. 

Under N.J. Admin. Code §§ 12.56-7.1, 7.2, and 7.3, NJWHL’s white collar exemptions to the 

overtime requirements do not apply if a worker spends over 20% of his/her working hours 

performing non-exempt tasks.

25. Plaintiff worked in excess of 40 hours a week, yet Defendant willfully failed to pay 

him for all hours worked, as well as failed to pay overtime compensation of one and one-half 

times his regular hourly rate in violation of the NJWHL.

26. It is Defendant’s uniform policy and procedure not to pay overtime compensation 

to Plaintiff and the other similarly situated employees of the Class.

27. Both prior to and during the Class Period, and continuing until today, Defendant 

has also employed other individuals (the Class), like Plaintiff, in “Store Manager” positions that 

required little skill and no capital investment and their duties and responsibilities did not include 

any managerial responsibilities or the exercise of independent judgment.

28. Such individuals have worked in excess of 40 hours a week, yet Defendant has

likewise willfully failed to pay them for all hours worked by them as well as overtime 

compensation of one and one-half times their regular hourly rate in violation of NJWHL. As 

stated, the exact number of such individuals is presently unknown, but can be easily ascertained 

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through appropriate discovery.

29. Throughout all relevant time periods, including during the course of Plaintiff’s own 

employment, Defendant failed to maintain accurate and sufficient time records.

30. Upon information and belief, throughout all relevant time periods, including during 

the course of Plaintiff’s own employment, Defendant failed to post or keep posted a notice 

explaining the minimum wage and overtime pay rights provided by NJWHL.

CLAIM FOR RELIEF:

NEW JERSEY STATE WAGE AND HOUR LAW

31. Plaintiff, on behalf of himself and the members of the Class, re-allege and 

incorporate by reference paragraphs 1 through 30 as if they were set forth again herein.

32. At all relevant times, Plaintiff and the members of the Class were employed by 

Defendant within the meaning of the NJWHL.

33. Defendant willfully violated Plaintiff’s rights and the rights of the Class, by failing 

to pay them for all hours worked, as well as for overtime compensation at rates not less than one 

and one-half times the regular rate of pay for each hour worked in excess of 40 hours in a 

workweek in violation of the NJWHL.

34. Defendant’s NJWHL violations have caused Plaintiff and the Class irreparable 

harm for which there is no adequate remedy at law.

35. Due to Defendant’s NJWHL violations, Plaintiff and the Class are entitled to 

recover from Defendant their unpaid wages for all hours worked, overtime compensation, 

damages and/or interest for unreasonably delayed payment of wages, reasonable attorneys’ fees 

and costs and disbursements of the action, pursuant to NJWHL.

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PRAYER FOR RELIEF 

Wherefore, Plaintiff on behalf of himself and all other similarly situated members of the 

Class, respectfully request that this Court grant the following relief:

a. Certification of this action as a class action pursuant to Fed. R. Civ. P. 23(b)(2) 

and (3) on behalf of the members of the Class and appointing Plaintiff and his 

counsel to represent the Class;

b. A declaratory judgment that the practices complained of herein are unlawful 

under the NJWHL;

c. An injunction against Defendant and its officers, agents, successors, 

employees, representatives and any and all persons acting in concert with 

them, as provided by law, from engaging in each of the unlawful practices, 

policies and patterns set forth herein;

d. An award of unpaid wages for all hours worked as well as overtime 

compensation due under the NJWHL;

e. An award of prejudgment and post-judgment interest;

f. An award of costs and expenses of this action together with reasonable 

attorneys’ and expert fees; and

g. Such other and further relief as this Court deems just and proper.

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DEMAND FOR TRIAL BY JURY

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff demands a trial by 

jury on all questions of fact raised by the Complaint.

Dated: March 3, 2011 KLAFTER OLSEN & LESSER LLP 

By:. /s/ Seth R. Lesser .

Seth R. Lesser

Fran L. Rudich

Two International Drive, Suite 350 

Rye Brook, NY 10573

(914) 934-9200

slesser@klafterolsen.com

frudich@klafterolseon.com

LITE DEPALMA GREENBERG, LLC

Joseph J. DePalma

Mayra V. Tarantino

Two Gateway Center, 12 Floor

Newark, NJ 07102

(973) 623-3000

jdepalma@litedepalma.com

mtarantino@litedepalma.com

HEPWORTH, GERSHBAUM & ROTH, PLLC

Marc S. Hepworth*

David A. Roth*

Charles Gershbaum* 

192 Lexington Avenue, Suite 802

New York, New York 10016

(212) 545-1199

Marc@HGRlawyers.com

KHORRAMI POLLARD & ABIR LLP

Robert J. Drexler, Jr.*

444 S. Flower St., Thirty-Third Floor

Los Angeles, California 90071

(213) 596-6000

rdrexler@kpalawyers.com

* to be admitted pro hac vice

Attorneys for Plaintiff

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LOCAL CIVIL RULE 11.2 CERTIFICATION

Plaintiff, by his attorneys, hereby certifies that the matter in controversy is not the subject 

of any other action pending in any court, or of any pending arbitration or administrative 

proceeding, except that the claims herein, either explicitly or as part of parallel state law claims, 

may have been asserted in cases now pending in In re Family Dollar FLSA Litigation, MDL 

Docket No. 3:08-MD-1932 (W.D.N.C.), which MDL proceeding involves cases asserting claims 

brought under federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., which this case does not 

plead.

I hereby certify that the foregoing statement made by me is true. I am aware that if the 

foregoing statement made by me is willfully false, I am subject to punishment. 

Dated: March 3, 2011 KLAFTER OLSEN & LESSER LLP 

By:. /s/ Seth R. Lesser .

Seth R. Lesser

Fran L. Rudich

Two International Drive, Suite 350 

Rye Brook, NY 10573

(914) 934-9200

-and132 Haddon Avenue

Haddonfield, NJ 08033 

(856) 857-1127

slesser@klafterolsen.com

frudich@klafterolseon.com

LITE DEPALMA GREENBERG, LLC

Joseph J. DePalma

Mayra V. Tarantino

Two Gateway Center, 12 Floor

Newark, NJ 07102

(973) 623-3000

jdepalma@litedepalma.com

mtarantino@litedepalma.com

Case 2:11-cv-01206-CCC-JAD Document 1 Filed 03/03/11 Page 10 of 11 PageID: 10
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HEPWORTH, GERSHBAUM & ROTH, PLLC

Marc S. Hepworth, Esq.*

David A. Roth, Esq.*

Charles Gershbaum, Esq.* 

192 Lexington Avenue, Suite 802

New York, New York 10016

(212) 545-1199

marc@hgrlawyers.com

KHORRAMI POLLARD & ABIR LLP

Robert J. Drexler, Jr. Esq.*

Shawn Khorrami*

444 S. Flower St., Thirty-Third Floor

Los Angeles, California 90071

(213) 596-6000

rdrexler@kpalawyers.com

* to be admitted pro hac vice

Attorneys for Plaintiff

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