Rite Aid Corporation Overtime and Timely Pay Lawsuit

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 protection 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 FLSA and NYLL for these Hourly Workers.

At all relevant times, Rite Aid compensated its Hourly Workers on an hourly basis plus bonuses. Hourly Workers have alleged the company 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 who spent more than 25% of their time on physical tasks, including physically confronting people attempting to steal, stocking shelves, sweeping floors, installing alarm tags, removing secured items from shelves, and continuously standing and walking throughout their shift. Rite Aid allegedly failed to provide its Hourly Workers in New York timely pay, which should arrive within seven calendar days after the end of the week in which wages were earned according to the NYLL.

This case follows a pattern we see often when multiple wage violations overlap — see our page on Wage and Hour Violations (internal link:) for more on how bonus pay is supposed to factor into overtime and New York's weekly pay requirement.

You can also view the filed complaint here.

FREQUENTLY ASKED QUESTIONS

What does the Rite Aid lawsuit allege?

The lawsuit alleges Rite Aid failed to include bonus pay when calculating overtime rates for hourly workers, and separately paid manual workers like security guards, cashiers, and stockers on a bi-weekly basis instead of the weekly schedule New York law requires.

Who might be covered by this case?

Current and former hourly workers, including security guards, asset protection agents, cashiers, pharmacy technicians, and stockers, who worked for Rite Aid and were paid an hourly rate plus bonuses.

Do I need to do anything to join this lawsuit?

It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.

What can I recover if this applies to me?

Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.

Where can I view the complaint that was filed?

The filed complaint is publicly available as a PDF, linked directly from this page.

CONTACT FITAPELLI & SCHAFFER LLP