Wilder v. Roma Food Enterprises — Exhibit 23 (NJ Wage and Hour Government Records Request)

Summary

Filed January 29, 2015 as Document 10-25 in Case 2:14-cv-08123-JLL-JAD in the District of New Jersey, this exhibit is the New Jersey Division of Wage & Hour Compliance response to records request C89241, made August 13, 2014 by Meyers Fried-Grodin, LLP about Roma (a/k/a Roma of New Jersey). The Division found no record on Roma and produced its file on Performance Foodservice AFI in Elizabeth. It includes a May 26, 2011 complaint from the law firm Winne, Banta for New Jersey Financial Service Centers that the employer had moved pay to a mandatory payroll card. After a July 27, 2011 inspection, the inspector found the employer had issued debit cards as pay without written employee consent. Final orders of September 16, 2011 assessed an administrative penalty of $1,000.00 against Michael Irwin and against Charles Cuomo.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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Case 2:14-cv-08123-JLL-JAD Document 10-25 Filed 01/29/15 Page 2 of 29 PagelD:

223

August 28, 2014 10:01 AM State of New Jersey
Government Records Request
Receipt

Requestor Information

onathan Meyers

eyers Fried-Grodin, LLP
20 Speedwell Avenue
orris Plains, NJ 07950

Meyers@MfgLegal.com

equest Date: August 13, 2014

aximum Authorized Cost:
mail

Status of Your Request

Your request for government records (# C89241) from the
Division of Wage & Hour Compliance has been reviewed and
has been Filled Closed. Detailed information as to the
availability of the documents you requested appear below and
on following pages as necessary.

The cost and any balance due for this request is shown to the
right. Any balance due must be paid in full prior to the release
/ mailing of the documents.

If you have any questions related to the disposition of this
request please contact the Custodian of Records for the
Division of Wage & Hour Compliance. The contact information
is in the column to the right. Please reference your request
number in any contact or correspondence.

Page: 1 of 2

Document Detail
Div Doc# Doc Name Redaction Legal Electronic Other
Req Pages Size Media

WHC 01 Performance Food Services AFI GE-2078- Y 26 N b
0811-REY
Redactions Include: Federal Employer Identification Numbers, Bank Account Numbers,
Insurance Policy Numbers, Home Addresses and Personal Telephone Numbers N.J.S.A.
47:1A-1 Reasonable Expectation of Privacy; Social Security Numbers N.J.S.A. 47:1A-1.1
Personal Identifying Information

WHC 02 Performance Transportation LLC Y 15.N Y

(Performance Food Service AF!) claim
365256 no violations
Case 2:14-cv-08123-JLL-JAD Document 10-25 Filed 01/29/15 Page 3 of 29 PagelD:
224

August 28, 2014 10:01 AM State of New Jersey Page: 2 of 2
Government Records Request
Receipt

Redactions Include: Federal Employer Identification Numbers, Bank Account Numbers,
Insurance Policy Numbers, Home Addresses and Personal Telephone Numbers N.J.S.A.
47:1A-1 Reasonable Expectation of Privacy; Social Security Numbers N.J.S.A. 47:1A-1.1
Personal Identifying Information

WHC 03 Roma and/or Roma of New Jersey N N N

Denial: 01.Not Made, Maintained, Filed or Received by Division --- no record

Attached are the documents in response to your request.
Your request for government records (# C89241) is as follows:

August 13, 2014...Re: Roma (a/k/a) Roma of New Jersey...! write to request pursuant to the New Jersey Open
Public Records Act...a copy of the following regarding a business called Roma...investigation file
(s),notes,statements,recordings,and/or documents, electronic information of any kind regarding any claims for
unpaid wages...against Roma between 1/1/2010 and the present; files,notes,statements,recordings
and/ordocuments or electronic information of any kind concerning any wage/hour audits between 1/1/2010 and
the present; all correspondence regarding the propriety of the company's method of paying its employees
between 1/1/2010 and the present...
Filed 01/29/15 Page 4 of 29 PagelD:

State of New Jersey

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
PO BOX 389
TRENTON, NEW JERSEY 08625-0389

FINAL ORDER

New Jersey Department of Labor and Workforce Development September 16, 2011
Vv. Case No. GE-2078-0811-REY

Michael Irwin, President and Individually, and
Performance Foodservice AFI

1 Ikea Drive

Elizabeth NJ 07207

On August 17, 2011 the Division of Wage and Hour Compliance, pursuant to Public Law 1991,
Chapter 205, issued formal notification assessing an administrative fee, penalty and/or wages, as
cited below. Payment of the assessment by certified check or money order payable to the
Commissioner of Labor and Workforce Development was to be received by the Division of Wage and
Hour Compliance, P. O. Box 389, Trenton, New Jersey 08625-0389 within fifteen (15) days of the

notification.

Wages: $0.00
Administrative Fee: $0.00
Administrative Penalty: $1,000.00

Failure to comply with this notice has resulted in a Final Administrative Order being entered against
you;

Therefore, it is ORDERED that payment be made to the Commissioner of Labor and Workforce
Development, Division of Wage and Hour Compliance within ten (10) days of this order.

Further, failure to comply with this Final Administrative Order will result in a certified copy of the
Final Order being filed with the Clerk of the Superior Court of New Jersey in Trenton, and further,
pursuant to the Penalty Enforcement Act, P.L. 1999 C.274, the Commissioner of Labor and
Workforce Development will obtain a judgment for the purpose of recovery of monies due plus costs
and any other such relief as may be appropriate including wages, administrative penalties and
administrative fees. The judgment will be enforced upon any of the defendant's real or personal
property. Signed this September 16, 2011 pursuant to the authority herein vested in me by law.

Harold J. Wirths, Commissioner

Department of Labor and Workforce Development
By:

Robert E. Gaines, Director

Division of Wage and Hour Compliance

The undersigned does hereby certify that this is a true and correct copy of the original Final Order
filed with the New Jersey Department of Labor and Workforce Development,Division of Wage and

Hour Compliance, P.O. Box 389, Trenton, New Jersey pe 4

S&tion Chief

General Enforcement Section
609-292-2305

609-695-1174 (Fax)
Case 2:14-cv-08123-JLL-JAD Documen aah ey Filed 01/29/15 Page 5 of 29 PagelD:

State of New Jersey

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
PO BOX 389
TRENTON, NEW JERSEY 08625-0389

FINAL ORDER

New Jersey Department of Labor and Workforce Development September 16, 2011
v. Case No. GE-2078-0811-REY-

Michael Irwin, President and Individually, and
Performance Foodservice AFI

On August 17, 2011 the Division of Wage and Hour Compliance, pursuant to Public Law 1991,
Chapter 205, issued formal notification assessing an administrative fee, penalty and/or wages, as
cited below. Payment of the assessment by certified check or money order payable to the
Commissioner of Labor and Workforce Development was to be received by the Division of Wage and
Hour Compliance, P. O. Box 389, Trenton, New Jersey 08625-0389 within fifteen (15) days of the

notification.

Wages: $0.00
Administrative Fee: $0.00
Administrative Penalty: $1,000.06

Failure to comply with this notice has resulted in a Final Administrative Order being entered against
you;

Therefore, it is ORDERED that payment be made to the Commissioner of Labor and Workforce
Development, Division of Wage and Hour Compliance within ten (10) days of this order.

Further, failure to comply with this Final Administrative Order will result in a certified copy of the
Final Order being filed with the Clerk of the Superior Court of New Jersey in Trenton, and further,
pursuant to the Penalty Enforcement Act, P.L. 1999 C.274, the Commissioner of Labor and
Workforce Development will obtain a judgment for the purpose of recovery of monies due plus costs
and any other such relief as may be appropriate including wages, administrative penalties and
administrative fees. The judgment will be enforced upon any of the defendant's real or personal
property. Signed this September 16, 2011 pursuant to the authority herein vested in me by law.

Harold J. Wirths, Commissioner

Department of Labor and Workforce Development
By:

Robert E. Gaines, Director

Division of Wage and Hour Compliance

The undersigned does hereby certify that this is a true and correct copy of the original Final Order
filed with the New Jersey Department of Labor and Workforce Development, Division of Wage and

Hour Compliance, P.O. Box 389, Trenton, New Jersey oy Se ember 16, Sem
L 7
Se€tion Chief

General Enforcement Section
609-292-2305
609-695-1174 (Fax)
Case 2:14-cv-08123-JLL-JAD Documef Filed 01/29/15 Page 6 of 29 PagelD:

State of New Jersey

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
PO BOX 389
TRENTON, NEW JERSEY 08625-0389

FINAL ORDER

New Jersey Department of Labor and Workforce Development September 16, 2011
V. Case No. GE-2078-0811-REY

Charles Cuomo, President and Individually, and
Performance Foodservice AFI

1 Ikea Drive
Elizabeth NJ 07207

On August 17, 2011 the Division of Wage and Hour Compliance, pursuant to Public Law 1991,
Chapter 205, issued formal notification assessing an administrative fee, penalty and/or wages, as
cited below. Payment of the assessment by certified check or money order payable to the
Commissioner of Labor and Workforce Development was to be received by the Division of Wage and
Hour Compliance, P. O. Box 389, Trenton, New Jersey 08625-0389 within fifteen (15) days of the

notification.

Wages: $0.00
Administrative Fee: $0.00
Administrative Penalty: $1,000.00

Failure to comply with this notice has resulted in a Final Administrative Order being entered against
you; ;

Therefore, it is ORDERED that payment be made to the Commissioner of Labor and Workforce
Development, Division of Wage and Hour Compliance within ten (10) days of this order.

Further, failure to comply with this Final Administrative Order will result in a certified copy of the
Final Order being filed with the Clerk of the Superior Court of New Jersey in Trenton, and further,
pursuant to the Penalty Enforcement Act, P.L. 1999 C.274, the Commissioner of Labor and
Workforce Development will obtain a judgment for the purpose of recovery of monies due plus costs
and any other such relief as may be appropriate including wages, administrative penalties and
administrative fees. The judgment will be enforced upon any of the defendant's real or personal
property. Signed this September 16, 2011 pursuant to the authority herein vested in me by law.

Harold J. Wirths, Commissioner

Department of Labor and Workforce Development
By:

Robert E. Gaines, Director

Division of Wage and Hour Compliance

The undersigned does hereby certify that this is a true and correct copy of the original Final Order
filed with the New Jersey Department of Labor and Workforce Development, Division of Wage and
Hour Compliance, P.O. Box 389, Trenton, New Jersey on September 16, 2011.

<
Seftion Chief
General Enforcemerit Section
609-292-2305
609-695-1174 (Fax)
Case 2:14-cv-08123-JLL-JAD Documen ft 4 2 Filed 01/29/15 Page 7 of 29 PagelD:

State of New Jersey

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
PO BOX 389
TRENTON, NEW JERSEY 08625-0389

FINAL ORDER

New Jersey Department of Labor and Workforce Development September 16, 2011
v. Case No. GE-2078-0811-REY

Charles Cuomo, President and Individually, and
Performance Foodservice AFI

On August 17, 2011 the Division of Wage and Hour Compliance, pursuant to Public Law 1991,
Chapter 205, issued formal notification assessing an administrative fee, penalty and/or wages, as
cited below. Payment of the assessment by certified check or money order payable to the
Commissioner of Labor and Workforce Development was to be received by the Division of Wage and
Hour Compliance, P. O. Box 389, Trenton, New Jersey 08625-0389 within fifteen (15) days of the

notification.

Wages: $0.00
Administrative Fee: $0.00
Administrative Penalty: $1,000.00

Failure to comply with this notice has resulted in a Final Administrative Order being entered against
you;

Therefore, it is ORDERED that payment be made to the Commissioner of Labor and Workforce
Development, Division of Wage and Hour Compliance within ten (10) days of this order.

Further, failure to comply with this Final Administrative Order will result in a certified copy of the
Final Order being filed with the Clerk of the Superior Court of New Jersey in Trenton, and further,
pursuant to the Penalty Enforcement Act, P.L. 1999 C.274, the Commissioner of Labor and
Workforce Development will obtain a judgment for the purpose of recovery of monies due plus costs
and any other such relief as may be appropriate including wages, administrative penalties and
administrative fees. The judgment will be enforced upon any of the defendant's real or personal
property. Signed this September 16, 2011 pursuant to the authority herein vested in me by law.

Harold J. Wirths, Commissioner

Department of Labor and Workforce Development
By:

Robert E. Gaines, Director

Division of Wage and Hour Compliance

The undersigned does hereby certify that this is a true and correct copy of the original Final Order
filed with the New Jersey Department of Labor and Workforce Development, Division of Wage and
Hour Compliance, P.O. Box 389, Trenton, New Jersey on September 16, 2011.

General EnforcementSection

609-292-2305
609-695-1174 (Fax)
Case 2:14-cv-08123-JLL-JAD Document 10-25 Filed 01/29/15 Page 8 of 29 PagelD:
229 i

VIA FEDEX (TRACKING NO. 797472529759) Reply To:
AND EMAIL TO Robert B. Kirsh
WAGE.HOUR@DOL.STATE.NJ.US Director, Product Management
Money Network
7000 Goodlett Farms Parkway, Third Floor
Cordova, TN 38016-4923
(901) 381-5470
rob.kirsh@firstdata.com

August 31, 2011

Department of Labor and Workforce Development
Division of Wage and Hour Compliance

P.O. Box 389

Trenton, NJ 08625-0389

Re: GE-2078-0811-REY

Dear Sir or Madam:

Our client, Performance Foodservice AFI (“Performance”), asked us to provide additional
information and clarification regarding the alleged violations of N.J.S.A. § 12:55-2.4(i) contained
in the above-referenced matter. First Data’s Money Network provides the ADP TotalPay Card
and Money Network Check Program (the “Service”) to Performance.

Please rest assured that Performance is offering the following payroll-distribution options to its
employees: (A) Using the Service, through (i) a Money Network Check that meets the
requirements of § 12:55-2.4(d) (the “Money Network Check”), and (ii) an optional-use Visa
debit paycard, in compliance with § 12:55-2.4(i); or, alternatively, (B) Direct Deposit to the
employee’s personal bank account, in compliance with 12:55-2.4(h). As further described
below, these options offer employees access to their full wages without incurring a fee.

Performance’s employees can always access their to-the-penny wages, free of charge, by
depositing their completed Money Network Check into a bank account, using it to make
payments to third parties (e.g., their landlord, for utilities, efc.), or, in compliance with § 12-
55:2.4(d), by having it cashed, free of charge, at our national network of check cashers,
including ten (10) locations within 4.29 miles of Performance’s Elizabeth location. Money
Network Checks are free to obtain, authorize, and cash, and are more convenient than
traditional paychecks because the employee does not have to pick up their check on payday,
pay for it to be cashed, or even be in New Jersey to authorize and cash it (e.g., if they were on
vacation in California on payday, they could authorize a Money Network Check and cash it, free

of charge, at any California Walmart store).
Case 2:14-cv-08123-JLL-JAD Document 10-25 Filed 01/29/15 Page 9 of 29 PagelD:

230
f= FirstData.

Inclusion within the Service of the Money Network Check is an important distinction. Because
the Money Network Check offers free, to-the-penny access, and meets the definition of §
12:55-2.4(d), the Service is distinct from the connotation of § 12:55-2.4(i) in that it does not
rely solely on a “Payroll Debit Card,” as defined in § 12:55-1.2, as the only means of accessing
an employee’s wages.

To clarify the options delineated in §§ 12:55-2.4(d), (h), and (i), Performance is willing
to revise its employee-communication materials regarding payroll-distribution options to
include the substance of the enclosed Pay Selection Form.

If I may answer any questions or concerns you have, or provide you with further details, by
mail, by email, by phone, or in person, please do not hesitate to ask. My contact information is

printed above.

Very truly yours,

FIRST DATA

Robert B. Kirsh
Director, Product Management
Money Network

(2. Lora G. Ferguson, Corporate Payroll Manager, Performance Food Group, 12500 West
Creek Parkway, Richmond, VA 23238
Case 2:14-cv-08123-JLL-JAD Docuimentl0-25 Filed 01/29/15 Page 10 of 29

State of New Jersep

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
PO BOX 389) +,
TRENTON, NEW JERSEY 08625-0389
August 17, 2011

Charles Cuomo, President and Individually, and Re: GE-2078-0811-REY
Performance Foodservice AFI

1 Ikea Drive

Elizabeth NJ 07207

Dear Charlies Cuomo:

On July 27, 2011, the Division of Wage and Hour Compliance conducted an inspection of your firm. It has been determined
that you are in violation of Title 34 which provides that any person who violates any provision of the New Jersey Wage and
Hour Law or regulations may be prosecuted, fined, and/or penalized. In addition, the Commissioner of Labor and Workforce
Development has the authority to assess administrative fees based on the amount of wages due (Public Law 1991, Chapter
205 effective July 12, 1991). As a result of our inspection, you may be liable for a Penalty or both a Penalty and
Administrative Fee.

Under the provisions of N.J.S.A. 34:11-4.1, an employer is any individual, partnership, association, joint stock company,
trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor
of any of the same, employing any person in this state. For the purpose of this act, the officers of a corporation and any
agents having the management of such corporation shall be deemed the employers of the employees of the corporation.

Penalty: The attached Assessment Form provides a brief explanation of each violation, the section of law or regulation
violated, and the penalty amount which has been assessed.

Administrative Fee: If you are also being assessed an Administrative Fee, the fee is equal to a percentage of the amount
of gross wages due employees and is based on your history of violations: 10% for the first violation, 18% for the second
violation, and 25% for the third and subsequent violations. If our records indicate that wages due employees have not yet
been paid in full, a Wages Due Form is attached. You are required to enter the deductions and net amount.

You Must Respond to this Notice within 15 Days of the above Date:

1. If you do not wish to contest the Wages, Administrative Fee, and/or Penalty, complete the bottom section of the
Assessment Form and submit payment within 15 days of the above date. If employee wages are still outstanding,
you are responsible for making direct payment to each employee. (See Instructions for making payment to current
and former employees.) Enter the deductions and net amount for each employee on the attached Wages Due Form
and submit copies of the check(s) to this office.

2. If you wish to contest the Wages, Administrative Fee, and/or Penalty, complete the bottom section of the
Assessment Form and return within 15 days of the above date. A Division Representative will contact you by
telephone to hold an informal conference to discuss your case. If your case cannot be resolved over the telephone,
we will schedule you for a hearing in Trenton and send you written notification regarding your hearing.

If you have questions about completing the attached form(s), contact this office Monday to Friday, 8:30 am to 4:30 pm.

Sincerely,
/

pepe

Section Chief
General Enforcement Section
609-292-2305

al
Case 2:14-cv-08123-JLL-JAD “SseanettsStSs5 Filed 01/29/15 Page 12/0f 2911
PagelD: 232
Case No. GE-2078-0811-REY Performance Foodservice AFI

Violation(s) of New Jersey Statutes Annotated (N.J.S.A.) and/or New Jersey Administrative Code (N.J.A.C):

Violation Citation No. Penalty

Time & Mode of Payment 12:55-2.4(i) 1,000.00 (violation)

Amount(s) outstanding:

Wages $0.00
Administrative Fee (0% of Wages) $0.00
Penalty $1,000.00

Instructions

1. Payment of Wages Due - Pay employees direct. Enter the deductions and net amount for each employee on the
attached Wages Due Form. Submit copies of the check(s) to this office.

Current Employee: Make check payable to employee (Ex. Jane Doe) and issue check to employee.

Former Employee: Make check payable to employee or Commissioner of LWD (Ex: Jane Doe or Commissioner of
LWD) and mail check to employee's last known address. If the check is returned as undeliverable, forward employee
check to the Division of Wage and Hour Compliance (mailing address is listed below) to be held in trust for that
employee. Include employee number or case number on return check.

2. Payment of the Administrative Fee and Penalty - Make your check payable to the Commissioner of Labor and Workforce
Development. Include the case number on check.

3. Check the appropriate box below. Detach form and mail with your remittance, the completed Wages Due Form (if
applicable), and copies of employee checks (if applicable) to:

Division of Wage and Hour Compliance
PO Box 389

Trenton, NJ 08625-0389

Fax (609) 695-1174

Detach and Return to Division of Wage and Hour Compliance
Case No. GE-2078-0811-REY 8/17/2011

Charles Cuomo, President and Individually, and
Performance Foodservice AFI

1 Ikea Drive

Elizabeth NJ 07207

O 1am submitting payment for the Administrative Fee and/or Penalty. if wages are still due employees, | have paid the
employees directly. | have completed the Wages Due Form, and | am submitting copies of the employee checks.

O |amcontesting the Wages, Administrative Fee, and/or Penalty, and | am requesting a telephone conference to discuss
my case because (explain briefly):

Print Name: Phone: ( )

Title: Fax: ( )

Signature: Date: E-Mail:
2agelD +92

State of New Jersey

DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT
PO BOX 389
TRENTON, NEW JERSEY 08625-0389

Case 2:14-cv-08123-JLL-JAD Do -25 Filed 01/29/15 Page 12 of 29

August 17, 2011

Michael Irwin, President and Individually, and Re: GE-2078-0811-REY
Performance Foodservice AFI

1 Ikea Drive

Elizabeth NJ 07207

Dear Michael Irwin:

On July 27, 2011, the Division of Wage and Hour Compliance conducted an inspection of your firm. It has been determined
that you are in violation of Title 34 which provides that any person who violates any provision of the New Jersey Wage and
Hour Law or regulations may be prosecuted, fined, and/or penalized. In addition, the Commissioner of Labor and Workforce
Development has the authority to assess administrative fees based on the amount of wages due (Public Law 1991, Chapter
205 effective July 12, 1991). As a result of our inspection, you may be liable for a Penalty or both a Penalty and
Administrative Fee.

Under the provisions of N.J.S.A. 34:11-4.1, an employer is any individual, partnership, association, joint stock company,
trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor
of any of the same, employing any person in this state. For the purpose of this act, the officers of a corporation and any
agents having the management of such corporation shall be deemed the employers of the employees of the corporation.

Penalty: The attached Assessment Form provides a brief explanation of each violation, the section of law or regulation
violated, and the penalty amount which has been assessed.

Administrative Fee: If you are also being assessed an Administrative Fee, the fee is equal to a percentage of the amount
of gross wages due employees and is based on your history of violations: 10% for the first violation, 18% for the second
violation, and 25% for the third and subsequent violations. If our records indicate that wages due employees have not yet
been paid in full, a Wages Due Form is attached. You are required to enter the deductions and net amount.

You Must Respond to this Notice within 15 Days of the above Date:

1. If you do not wish to contest the Wages, Administrative Fee, and/or Penalty, complete the bottom section of the
Assessment Form and submit payment within 15 days of the above date. If employee wages are still outstanding,
you are responsible for making direct payment to each employee. (See Instructions for making payment to current
and former employees.) Enter the deductions and net amount for each employee on the attached Wages Due Form
and submit copies of the check(s) to this office.

2: If you wish to contest the Wages, Administrative Fee, and/or Penalty, complete the bottom section of the
Assessment Form and return within 15 days of the above date. A Division Representative will contact you by
telephone to hold an informal conference to discuss your case. If your case cannot be resolved over the telephone,
we will schedule you for a hearing in Trenton and send you written notification regarding your hearing.

If you have questions about completing the attached form(s), contact this office Monday to Friday, 8:30 am to 4:30 pm.
Sincerely,
Section Chief

General Enforcement Section
609-292-2305
Case 2:14-cv-08123-JLL-JAD ‘SéetiWeAt4@25 Filed 01/29/15 Page 130f291;

PagelD: 234
Case No. GE-2078-0811-REY Performance Foodservice AFI

Violation(s) of New Jersey Statutes Annotated (N.J.S.A.) and/or New Jersey Administrative Code (N.J.A.C):

Violation Citation No. Penalty

Time & Mode of Payment 12:55-2.4(i) 1,000.00 (violation)

Amount(s) outstanding:

Wages $0.00
Administrative Fee (0% of Wages) $0.00
Penalty $1,000.00

Instructions

1. Payment of Wages Due - Pay employees direct. Enter the deductions and net amount for each employee on the
attached Wages Due Form. Submit copies of the check(s) to this office

Current Employee: Make check payable to employee (Ex: Jane Doe) and issue check to employee

Former Employee: Make check payable to employee or Commissioner of LWD (Ex: Jane Doe or Commissioner of
LWD) and mail check to employee's last known address. If the check is returned as undeliverable, forward employee
check to the Division of Wage and Hour Compliance (mailing address is listed below) to be held in trust for that
employee. Include employee number or case number on return check.

2. Payment of the Administrative Fee and Penalty - Make your check payable to the Commissioner of Labor and Workforce
Development. Include the case number on check.

3. Check the appropriate box below. Detach form and mail with your remittance, the completed Wages Due Form (if
applicable), and copies of empioyee checks (if applicable) to:

Division of Wage and Hour Compliance
PO Box 389

Trenton, NJ 08625-0389

Fax (609) 695-1174

Detach and Return to Division of Wage and Hour Compliance
Case No. GE-2078-0811-REY 8/17/2011

Michael Irwin, President and Individually, and
Performance Foodservice AFI

1 Ikea Drive

Elizabeth NJ 07207

QO |am submitting payment for the Administrative Fee and/or Penalty. If wages are still due employees, | have paid the
employees directly. | have completed the Wages Due Form, and | am submitting copies of the employee checks.

O) | am contesting the Wages, Administrative Fee, and/or Penalty, and | am requesting a telephone conference to discuss
my case because (explain briefly):

Print Name: Phone: ( )

Title: Fax: ( )

Signature: Date: E-Mail:
Case 2:14-cv-08123-JLL-JAD Document 10-25 Filed 01/29/15 Page 14 of 29

DIVISION OF WAGE AND HOUR COMPLIANCE
PUBLIC CONTRACTS & GENERAL ENFORCEMENT

REVIEW SHEET
Employer No.
FEIN
Project
Project Address
Public Body
"SEND INITIAL ASSESSMENT LETTER TO:
Trade Name ker frrrs nce food Sevurc]e
Pres./CEO/Owner's Name
Mailing Address
City State Zip

WAGES / ADMINISTRATIVE FEE / PERCENTAGE / PENALTY INFORMATION

INITIAL WAGES:
INITIAL %

INITIAL ADMINISTRATIVE FEE:

INITIAL PENALTY: (OOD
TOTAL:

REMARKS:

12:58 -2.AG) - (oo

Date of Inspection Review Date

Field Representative

Field Report # Reviewer

MW-81 (R-2-08) Division of Wage and Hour Compliance
Employer No. 633827
FEIN / SSN

a

0 No Violation © Not Confirmed
Case No. GE-2078-081 1-REY

Reason for &% Complaint (claim #'s) 340806

Inspection: O Routine OD Application O Accident to Minor

Cross References

O Other

pate July 27,2011 Time in 1:05 Out 4:30 Insp. Type: OSite OT&P Assign Date MAY 26, 2011
Date Time tn Out Period from (date) MAY 2009 _ to (date) PRESENT
Date Time In _ Out Oj Sample O Complete
PERFORMANCE FOODSERVICE AFI
Trade Name Corp. Name/Ownership
| IKEA DRIVE, ELIZABETH ELIZABETH NJ 07207
Address (physical location of business being inspected) City State ZIP County
908-436-3859 908-436-4960
Telephone No. FAX E-mail Web Site
SAME AS ABOVE
Mailing Address City State ZIP
SAME AS ABOVE
Telephone No. FAX E-mail
12500 WEST CREEK PARKWAY RICHMOND VA 23238
Main Office Address City State ZIP
Telephone No. FAX E-mail
SAME AS ABOVE
Place of Inspection City State zIP
SAME AS ABOVE
Telephone No. FAX E-mail

0 Partnership 1 NJ Corp 0 Out-of-State Corp. O LLC O LLP 0 Other

Type of Business: C0 Individual
Nature of Business FOOD SERVICE DIST

SIC (will be NAICS)

Total Employees 512

Pay Frequency: © Weekly 0 Bi-weekly

# of Work Days Withheld
12. RECORDS AND POSTING
o Out-of-State Permit
OE cts. 44inder tnv./Failure to Provide Records

1 & HOUR LAW 5.
értime Rete 7
3 =i blll | Discharge 0 8.
O09.
17. thse : RAYMENT.
id Wages/Late Payment
0 3.No ement of Deductions 21. HEALTH

14. INDUSTRIAL HOMEWORK
0 1. No Permit
0 2. No Certificate
F1 3, Prohibited Material

Include Frequency Codes in Narrative:

Kind of Employees: 0 None

0 Semi-monthly
7-Day Work Week Ends

13. CHILD LABOR
O 0. Under Legal Age
O 1. No Empl. Cert. or Permit
O 2. Over 8 Hours per Day
(J 3, Over 40 Hours per Week
4, Over 3 hrs on School Days/under 16
Over 18 hrs per Week/under 16
7 days a Week
Night Work / 14-15 Yrs
Night Wark / 16-17 Yrs
Meal Period
(1 0. Records for Minors
(01 1.Prohibited Occupation

© 1. Overtime Procedures

0 2. Records

0 3. Discrimination Against Worker
0 4. Posting Requirement

0 Under 18 Only O All Kinds
Pay Per Ends FRIDAY

1 18 & Over Only
Pay Day/Date FRIDAY

O Monthly
O Check © Cash

22. STATE BLDG SERVICE CONTRACTS
0 1. Failure to Pay Wage Standard
0 2. Records
0 3. Records/Obstruction
0 4. Discrimination Against Worker
0 5. Failure to Obtain Spl. License

20. MISC, / OTHER LAWS
0 1. Payroll Taxes
D 2. Seats for Employees
1 3. No Workers’ Com p. Ins.
0 4. No UI Registration #
(0 5. Sex Discrimination
0 6. Lie Detector
0 7. Medical Exam
(1 8. Medical Coverage Notification
(0 9. Improper Classification of Const. Empl.
(110. Other
(11 1. Other

CARE OVERTIME

H -Habitual F - Frequent R- Rare

Violations Discussed wl (name

& titley KATHY STEPHENS HR MANAGER
MW-106, MW-352

Material Submitted with Report MW-169, MW-10,
Field Rep. (print name) LUIS REYNOSO

Signature LUIS REYNOSO
a different name or ata different address? OO Yes ®&

H he establi € i ig der

Name Address City State ZIP
Owners/Officers:
| ‘Michael Irwin ___AFI Pres a feuds eg ()

First Name Last Name Title SSN % financial interest Tel No, |

2 Charles Coumo _ ; CEO «RE
Tel. No

First Name Last Name Title SSN % financial interest
First Name Last Name Title SSN % financial interest Tal. No
Home Address ( ity - _ State ‘Zip
Additional Employer Information (e.g. registered agent, attorney, accountant, etc )
Name & Title Address City, State ZIP Tel. No

Name and Location of Banking Institution (branch location)

WACHOVIA BANK, 301 SOUTH TRYON STREET, CHARLOTTE, NC 28282-1915 : —

Acct. No. for Payroll . aa 7 = a

Workers’ Compensation Carrier Name AMERICAN Zl JRICH 7

Policy iia — Effective Date: From August 01, 2010 To AUGUST 01, 2011

Unemployment insurance: Verified Last Available Otrly Payment? O Yes [7 No QtrNr O EFT O Check
(0 Workers'Comp Referral 0) Taxation

Referrals: 1 OSHA Referral O UI Referral

Remarks/Recommendations:

|. REASON FOR INSPECTION: Complaint from the law office of Winne, Banta, Hetherington, Basralian &
Kahn, PC , that represent the New Jersey Financial Service Centers, claiming the issuing of debit card to

employees without consent.

2. FINDINGS-VIOLATIONS:

A. RECORDS-POSTING

121 Records: There is a discrepancy of hours for employee Davis Miller for week ending June 11, 2011.

B. MISC. LAWS

Other: 12:55-2.4: Employer started issuing debit cards to employees as a form of payment without consent.
IILCONCLUSION: Discussed audit with Kathy Stephens, human resources manager and explained to her the
wage and hour rules and regulations. She explained that employees had several options to receive payment of the
wages. The employer provides internet access on the premises to employees, so that they can print their pay studs.
This is in case they do not have internet access at home. The debit card comes with a stack of checks, free to
employees that they can use to write checks to themselves. Yet, Ms. Stephens did not provide any proof that

employees had consented to the debit card in writing.
[Trade Name .
se 2: An -cv-08123-JLL-J 5 Filed 01/29/15 Page 18 of 29
fr SY rh ee NEW JERSEY DEPARTMENT OF LABOR
City FEIN AND WORKFORCE DEVELOPMENT
DIVISION OF WAGE AND HOUR COMPLIANCE
Employer Representative / Title TRENTON, NJ 08625-0389

NOTICE OF ALLEGED VIOLATIONS

ECORDS AND POSTING N.JLS.A./ NJAC. CHILD LABOR N.J.S.A.
ecords 34:11-56a20/12:56-4.1 __ Under Legal Age 34:2-21.2
Sion 34:11-56a21 __ No Employment Certificate 34:2-21,7
__ No Out-of-State Permit 12:56-4.5 __ Over 8 Hours per Day 34:2-21.3
__ Hinder Inv./Failure to Provide Records 34:11-56a22 __ Over 40 Hours per Week 34:2-21.3
WAGE AND HOUR LAW N.J.S.A. __ Over 18 Hrs per Week / Under 16 34:2-21.3
__ Minimum Wage Rate 34:11-56a4 __ 7 Days a Week 34:2-21.3
__ Overtime Rate 34:1 1-56a4 __ Night Work / 14 - 15 years 34:2-21.3
__ Discriminatory Discharge 34:11-56a24 __ Night Work / 16 - 17 years 34:2-21,3
__ Meal Period 34:2-21.4
WAGE PAYMENT N.JLS.A. __ Records for Minors 34:2-21.6
__ Unpaid Wages/Late Payment 34:11-4.2 __ Prohibited Occupation 34:2-21.17
___ Illegal Deductions 34:11-4.4
__ No Statement of Deductions 34:11-4.6 HEALTH CARE OVERTIME N.J.S.A./ NJAC.
__. Mandatory Overtime Procedures 34:11-56a34 / 8:43E-8.5
AGRICULTURE N.J.S.A. __ Records 34:11-56a34 / 8:43E-8.6
__ Certificate of Registration 34:8A-8 __ Discrimination Against Worker 34:1 1-56a34
__ No Proper Vehicle Insurance or 34:8A-9 __ Posting Requirement 34:11-56a38 / 8:43E-8.6
Inspection
__ Unauthorized to Transport 34:8A-9 STATE BLDG. SERVICE CONTRACTS N.J.S.A.
__ Records 34:8A-10a __ Failure to Pay Wage Standard 34:11-56.60
__ Disclose information 34:8A-10b __ Records 34:11-56.61
__ Designate Agent 34:8A-10e __ Records / Obstruction 34:11-56.63
__ Not Paid on Premises 34:8A-10e __ Discrimination Against Worker 34:11-56.66
__ Retaliatory Action Against Worker 34:8A-10.1 __ Failure to Obtain Special License 34:11-56.70
__ Drinking Water and Toilet Facilities 34:9A-38
__ Sanitation 34:9A-38 MISC. LAWS N.J.S.A,
__ Payroll Taxes 34:6-148 / 34:6-149
APPAREL INDUSTRY N.J.S.A. __ Seats for Employees 34:2-29
__ Records 34:6-153 » __ No Workers’ Comp. Ins. 34:6-149
__ Failure to Register 34:6-150 __ No UI! Registration # 34:6-149
__. Order to Comply 34:6-150 __ Sex Discrimination 34:11-56.2
__ Contracted Unregistered Subcontractor 34:6-150 __ Lie Detector 2C:40A-1
__ Medical Exam 34:11-24.1
INDUSTRIAL HOMEWORK N.J.S.A. __ Medical Coverage Notification 34:11A-17
__ No Permit 34:6-136.7 __ Improper Classification of 34:20-5
__ No Certificate 34:6-136.10 Construction Employees
__ Prohibited Material 34:6-136.3 a= Bither | hr

__ Other * —

__ Employer to be notified by Trenton office of any applicable penalties and/or fees.
_ !f employer agreed with violations(s), employer instructed to make direct payment to each employee for net amount of wages due and

submit copies of the check(s) to the above address by:

Current Employee:
Former Employee:

Make check payable to employee (Ex: Jane Doe) and issue check to employee.
Make check payable to employee or Commissioner of LWD (Ex: Jane Doe or Commissioner of LWD) and mail

check to employee's last known address. If check is retumed as undeliverable, forward employee check to the
above address to be held in trust for that employee. Include claim or case number on retum check.

Field \vestigatof Signature

MW-352 (R-9-09)

L fo Pian
‘Employer Signature / Title Date

Wage & Hour Laws and Regulations are available at www.nj.gov/labor
Case 2:14-cv-08123-JLL-JAD Document 10-25
PagelD: 244

Wali Suite oes DD

Start Date: 09/30/1998

David Miller ***-**

Start Date: 12/14/1989

Kelly Cordero von DP

Start Date: 04/10/2006

Norbert Santos oe

Start Date: 02/14/2005

Dyanand Mandhar oo

Start Date: 11/15/1999

Filed 01/29/15

Page 23 of 29
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Hickman Ir

7/6/2011
Case 2:14-cv-08123-JLL-JAD Document 10:25 Fi 01/29/15

WINNE, BANTA, HETHERINGTON, ¢2,PagelD: 247

Page 26 of 29

BASRALIAN & Sid4

cc
okt MAYABuite FAST WING
21 MAIN STREET! SUITE 101
P.O. BOX 647
HACKENSACK, NJ 07601-0647
(201) 487-3800
FACSIMILE (201) 487-8529
(201) 525-9460

ESTABLISHED 1922

www. winnebanta com

NEW YORK OFFICE

286 MADISON AVENUE. SUITE 907
NEW YORK, NEW YORK 10017
(212) 644-1710

May 26, 201]

New Jersey Department of Labor

ROBERT M JACOBS
GERALD GOLOMAN+
GARY § REDISH-
ROBERT J. KUEEBLATT
RONS. DM ABRAMSON
MARTINS DEVER. JR +*
THOMAS 1 CANGIALOS!, JR +
CARGLYN GERAC! FROME
BRUCE R. ROSENBERG
SCOTT K McCLAINE
EDWARD P D'ALESSIO+«
RICHARD D WOLLOCH-
MICHAEL G STINGONER
CHRISTOPHER H MINKS

PETER G BANTA+

ROBERT 4 HETHERINGTON lil

ARTHUR | SIMPSON JR +5

FRANK J SRANZING JR +

ELIZABE TH EILENDER+*

Email address

IANS KLEEBLATT
JACEY A RAIMONDO
DOREEN E WINN+
CHRISTINE R SMITH
RN TENDAI RICHARDS
ROMAN VACCAREE
RITAR MUNGIOLI+
MICHAEL J COHEN+
MELISSA A TERRANOVA+
JOSEPH M VIGLIOTTI

WALTER G WINNE (1889-1972)
HORACE F BANTA (1895-1985)
BRUCE F BANTA; 1932-1983)

SERTIFIED BY THE SUPREME COURT OF
NEW JERSEY AS 4 CIVIL TRIAL ATTORNEY
*MEMBER NEW YOR BAR ALSC
* MEMBER CONNECTICUT BAR A. tit)
« MEMBER WASHINGTON DC BAR ALSO

smeoclain@winnebanta com

Direct Dial

201-562-1011

Via Fax (609-695-1174) and Regular Mail

Division of Wage & Hour Compliance
P.O. Box 389
lrenton. N.J, 08625-0389

Re: Payroll Card — Complaint
Performance Food Group
(Performance Foodservice-AF1)
| Ikea Drive
Elizabeth, NJ 07207

Dear Sir/Madam:

Please be advised that this firm represents New Jersey Financial Service Centers, which is the State's
trade association representing the check cashing/financial services industry.

We have received a complaint from an employee of Performance Food Group that this employer has
moved its payroll distribution to a mandatory payroll card, without the option of receiving a paper check. over
the objections of and without the consent of the company’s employees. As you are aware, this would be a

violation of New Jersey law.

As you are aware. New Jersey law provides that an employer, in lieu of paying wages to an employee
by cash or check may pay wages by direct deposit or payroll debit card, however. the employee must first
consent in writing fo receiving his or her wages in this manner. Consent must be obtained by the employer
“without intimidation coercion, or fear of discharge or reprisal” for refusal to accept a direct deposit o7

payroll debit card arrangement.
WINNE, Bogagé-2:14-V-68223-0LL-JAD Document 10-25 Filed 01/29/15 Page 27 of 29
BASRALIAN & PageltD:248

May 26, 2011

Page 2 of 2
We would request that the Department of Labor investigate this matter. Clearly, it is the existing
policy of the State of New Jersey that its employees have the choice to receive their wages in the manner

which best suits their needs.

Please contact the undersigned if you should have any questions or require further information.

Scott K. McClain

SKM/Id
Your vigage bita2di08123-JLL-JAD Document 10-25 Filed 01/29/15 Page 28 of 29° |
PagelD: 249

Reynoso, Luis

From: Kathy Stevens AFI Foodservice [kstevens@afifoods.com]
Sent: Tuesday, July 19, 2011 8:56 AM

To: Reynoso, Luis

Subject: Your visit on July 27th

Good morning Mr. Reynoso,

This is to confirm | have a copy of your letter dated 7/6/11 and that you will be visiting this
facility at 1 IKEA Drive in Elizabeth, NJ at 1 PM on Wednesday July 27, 2011.

IN as much as all our records are now electronic, | will prepare each report on demand for your
review.

Please call if you need further information before you arrive on the 27",

Best Regards,

Kathy Stevens PHR
V.P. Human Resources
P- 908-436-3859

F- 908-436-4960

«4 Before printing this e-mail think if it is necessary. Think Green

7/19/2011


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