SOURCE: Klafter & Olsen and Lesser LLP

December 14, 2009 10:56 ET

Klafter Olsen & Lesser LLP Announces That Rite Aid Corp. Assistant Store Managers Win Nationwide Conditional Class Certification as a Collective Action Under the Fair Labor Standards Act

RYE BROOK, NY--(Marketwire - December 14, 2009) - The United States District Court for the Middle District of Pennsylvania, on December 9, 2009, in Craig v. Rite Aid Corp., et al., No. 08-cv-2317, certified a class of present and former Assistant Store Managers who worked at Rite Aid Corporation (NYSE: RAD) as a collective action under federal Fair Labor Standards Act. The decision was entered by Judge John E. Jones, III.

The class covers all individuals who were classified as exempt by Rite Aid who were, during the last three years, salaried Assistant Store Managers at any of the 4,901 stores identified in Rite Aid Corporation's April 17, 2009 Annual Report as being operated by Rite Aid. Plaintiffs assert that Rite Aid violated the Fair Labor Standards Act in classifying these individuals as "exempt employees" and not paying them overtime.

"We are very pleased with the Judge's decision, and we look forward to going forward with this lawsuit and proving, on behalf of hard-working Assistant Managers throughout the country, that Rite Aid misclassified them as exempt from overtime," said Seth R. Lesser of Klafter Olsen & Lesser, one of the firms leading the prosecution of the litigation.

In order to benefit from any recovery in the action, class members must opt-into the action. A notice describing the action and of class member rights to opt-into the action is expected to be mailed to the collective action class members early in 2009. Additional information is available at

Plaintiffs are represented by Klafter Olsen & Lesser LLP of Rye Brook, New York, Washington, D.C., and New Jersey, and the Winebrake Law Firm of Dresher, PA.

Assisting in the prosecution of the action are Fibish Hampton & Leebron LLP, Houston, Texas; Barkan Neff Handelman Meizlish, LLP, Columbus, Ohio; The Mason Law Firm, LLP, Washington, D.C.; and Berger & Associates, New York, New York.

For further information, please contact Seth R. Lesser or Fran Rudich of Klafter Olsen & Lesser LLP, (914) 934-9200, or Peter Winebrake at (215) 884-2491.

Contact Information

  • For further information, please contact:
    Seth R. Lesser or Fran Rudich
    Klafter Olsen & Lesser LLP
    (914) 934-9200
    Peter Winebrake
    (215) 884-2491