New Jersey Federal Court Pushes Forward Class Action Lawsuit Against Goya Foods, Inc. For Illegal Deductions From Drivers' Pay

PHILADELPHIA, March 1, 2022 /PRNewswire/ -- The law firm Berger Montague today announces that the United States District Court for the District of New Jersey has issued an order allowing a class action lawsuit to proceed against Goya Foods, Inc. The action, brought by Plaintiffs Anibal Mejias, Jerry Fuller, Dennis Minter, and Jose Pena, alleges that Goya Foods has continuously misclassified its delivery truck drivers, also known as Owner Operators or Drivers, as independent contractors instead of employees, and as a result, made illegal deductions from the Drivers' wages for expenses and withheld overtime compensation due when the Drivers worked over 40 hours in a week. The Plaintiffs seek the reimbursement of all work expenses, unlawful deductions, and unpaid overtime compensation for themselves and the potential class members.

In the case, captioned Mejias et al. v. Goya Foods Inc., No. 2:20-cv-12365 (D.N.J.), Goya had moved to dismiss the expense deduction claims in the action, but the federal court in New Jersey rejected Goya's arguments that the federal Truth in Leasing Act insulated Goya from complying with the wage and hour laws and allowed the Plaintiffs' claims to proceed. Specifically, the Court held that Goya failed to meet its heavy burden to establish that the TIL regulations preempted state laws requiring that Goya pay for the work expenses and not deduct them from the Drivers' wages.

"We are pleased with the Court's decision and look forward to having the opportunity to prove that Goya misclassified its Drivers as independent contractors, and to recovering the hard-earned compensation that the Drivers are owed," said Alexandra K. Piazza of Berger Montague PC, one of the lead attorneys prosecuting the case. "There are Drivers located throughout New Jersey, Massachusetts, and other states, and we encourage any Driver with information or evidence that can assist us with the case to contact us.

The case will proceed through the discovery process, and Plaintiffs' Counsel, Shanon J. Carson and Alexandra K. Piazza of Berger Montague PC and David E. Cassidy and Yelena Kofman-Delgado of Vlasac & Shmaruk, LLC, are continuing their investigation of Goya's failure to properly compensate its Drivers. Anyone with information about the claims in the action, including current or former Goya Drivers, is invited to contact the attorneys on the case at (215) 875-3033 or via email at apiazza@bm.net. They can also visit the website www.bergermontague.com/GoyaLawsuit  for further information.

Berger Montague is a national plaintiffs' law firm headquartered in Philadelphia with additional offices in Minneapolis, San Diego, and Washington, D.C.Berger Montague litigates complex civil litigation and class actions in federal and state courts throughout the United States. In its 52 years of operation, the Firm has pioneered class actions in America and recovered well over $36 billion for its clients and the class members it has represented.

Contact:
Alexandra K. Piazza, Senior Counsel
Berger Montague PC
Telephone: (215) 875-3033 
Email: apiazza@bm.net

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SOURCE Berger Montague