LAMARCA v. GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC.


55 A.D.3d 487 (2008)

BENEDETTO LAMARCA et al., Respondents, v. THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC., Doing Business as A & P, THE FOOD EMPORIUM and WALDBAUM's, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 30, 2008.


The named plaintiffs' claim that they were not paid for overtime work is typical of the claims of the class, as it arises out of the same course of conduct, i.e., that, as a result of the pressure defendant placed on individual store managers to keep payroll costs down, in conjunction with its express policy forbidding off-the-clock work and mandating payment of overtime, stores were chronically understaffed and employees were permitted, or pressured, to work overtime without...

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