A lawsuit against Rite Aid Corporation was filed on behalf of current and former assistant store managers who are paid a salary and do not receive overtime compensation of time and a half for hours worked over 40 hours each week. The suit alleges that the salaried assistant store managers were improperly classified as exempt from the overtime pay requirement of the Fair Labor Standards Act. Instead, they are non-exempt employees under the FLSA and are entitled to overtime compensation.
On December 9, 2009, the United States District Court for the Middle District of Pennsylvania conditionally certified a nationwide class, which encompasses all assistant store managers who worked in any of the 4,901 Rite Aid stores across the country within the last three years. These current and former employees will receive notice of the action. Pursuant to the FLSA, they will have to opt-in if they wish to assert claims under the act. The notice describing the action and informing the employees of their right to opt-in is expected to be mailed very soon.
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