On Friday, June 12, 2020, Fitapelli & Schaffer, LLP filed a class action lawsuit against Rite Aid of New York, Inc. and Rite Aid Corporation (collectively, “Rite Aid”) for unpaid wages. The complaint alleges that Rite Aid failed to pay its security guards, asset protections agents, cashiers, pharmacy technicians, stockers and all other similarly situated non-exempt hourly positions (collectively, “Hourly Workers”) the proper overtime. This lawsuit seeks to recover overtime compensation and other damages under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) for these Hourly Workers who work or have worked for Rite Aid.
At all relevant times, Rite Aid has compensated its Hourly Workers on an hourly basis plus bonuses. Hourly Workers have alleged that the pharmaceutical and convenience store paid them an overtime rate that failed to calculate their bonus pay, as required by the FLSA when working over 40 hours in a workweek. Additionally, Rite Aid paid Hourly Workers on a bi-weekly basis despite being manual workers. More than twenty-five percent of Hourly Workers’ duties were physical tasks, including but not limited to: (1) physically confronting people attempting to steal from worksites; (2) stocking shelves; (3) sweeping floors; (4) installing alarm tags; (5) removing secured items from shelves; and (6) continuously standing and walking throughout their entire shift. In this regard, Rite Aid failed to failed to provide timely pay to its Hourly Workers in New York within seven calendar days after the end of the week in which these wages were earned in accordance with the NYLL.
If you would like to know if you are eligible to participate in this matter, do not hesitate to call our firm, Fitapelli & Schaffer, at (212)300-0375. Additionally, if you have concerns that your rates of pay may not be getting calculated correctly, you can call us for a free and confidential consultation or visit our website for more information. Unfortunately, companies fail to take into account all forms of payment when calculating overtime pay so make sure you are getting paid what you are entitled to and see if you may have a claim.
You can also view the filed complaint here.