A federal judge approved a settlement awarding $20.9 million to be paid to Rite Aid assistant managers and co-store managers for their overtime claims. The Rite Aid assistant managers and co-store managers were paid a set salary regardless of how many hours they worked. The lawsuit claimed that Rite Aid assistant managers and co-store managers were misclassified as exempt employees to avoid being paid overtime, therefore, they argued they should have been paid hourly and time and one half their hourly rate for the hours they worked over 40 per workweek. The settlement includes back pay, damages, attorneys’ fees and expenses.
Fitapelli & Schaffer LLP is handling similar cases which are pending in federal court. Those cases are against Chipotle and Barnes & Noble. In those cases, employees working at Chipotle as Apprentices and employees working at Barnes & Noble as Assistant Store Managers were paid a set salary regardless of the amount of hours they worked. The lawsuits allege that Apprentices and Assistant Store Managers were misclassified as exempt employees and should have been paid overtime for hours they worked over 40 per workweek.
If you are currently not being paid overtime, please contact the New York City employment lawyers of Fitapelli & Schaffer at (212) 300-0375, to schedule a free consultation so that we can discuss your rights under the Fair Labor Standards Act and the New York Labor Law.