Rite Aid Corporation continues to defend itself against putative class action lawsuits pending in various states alleging violations of the Fair Labor Standards, according to the company’s July 6, 2011, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended May 28, 2011.
The company is currently a defendant in several putative collective or class action lawsuits filed in federal or state courts in Pennsylvania, New Jersey, New York, Maryland, Oregon, and Washington on behalf of, in some cases (i) current and former assistant store managers or (ii) current and former store managers and assistant store managers, respectively, working in the company’s stores at various locations. Stoll Berne represents assistant store managers in Oregon and Washington.
The lawsuits allege violations of the Fair Labor Standards Act and of certain state wage and hour statutes. The lawsuits seek various combinations of unpaid compensation (including overtime compensation), liquidated damages, exemplary damages, pre- and post-judgment interest as well as attorneys’ fees and costs.
In one of the cases, Craig et al v. Rite Aid Corporation et al., pending in the United States District Court for the Middle District of Pennsylvania, brought on behalf of current and former assistant store managers, the Court, on December 9, 2009, conditionally certified a nationwide collective group of individuals who worked for the company as assistant store managers since December 9, 2006. Notice of the Craig action has been sent to the purported members of the collective group (approximately 6,700 current and former store managers) and approximately 1,100 have joined the Craig action.
In another of the cases, Indergit v. Rite Aid Corporation et al., pending in the United States District Court for the Southern District of New York, brought on behalf of current and former store managers, the Court, on April 2, 2010, conditionally certified a nationwide collective group of individuals who worked for the company as store managers since March 31, 2007. The Court ordered that Notice of the Indergit action be sent to the purported members of the collective group (approximately 7,000 current and former store managers) and approximately 1,550 have joined the Indergit action.