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CHEVALIER v. GENERAL NUTRITION CENTERS

No. 22 WAP 2018 No. 23 WAP 2018.

220 A.3d 1038 (2019)

Tawny L. CHEVALIER and Andrew Hiller, on Behalf of Themselves and All Others Similarly Situated, Appellees v. GENERAL NUTRITION CENTERS, INC. and General Nutrition Corporation, Appellants Tawny L. Chevalier and Andrew Hiller, on Behalf of Themselves and All Others Similarly Situated, Appellees v. General Nutrition Centers, Inc., and General Nutrition Corporation, Appellants

Supreme Court of Pennsylvania.

Decided: November 20, 2019.

Attorney(s) appearing for the Case

George A. Bibikos, Esq. , GA BIBIKOS LLC, for Pennsylvania Chamber of Business and Industry, Amicus Curiae, National Federation of Independent Business, Amicus Curiae, Pennsylvania Restaurant and Lodging Association, Amicus Curiae, Pennsylvania Manufacturers' Association, Amicus Curiae, Pennsylvania Retailers' Association, Amicus Curiae.

Christine Teresa Elzer, Esq. , Elzer Law Firm, LLC, for NELA Eastern Pennsylvania, Amicus Curiae, Western Pennsylvania Employment Lawyers Association, Amicus Curiae.

Peter David Winebrake, Esq. , Winebrake & Santillo, LLC, for The Pennsylvania AFL-CIO, Amicus Curiae, The National Employment Law Project, Amicus Curiae, Community Legal Services Inc., Amicus Curiae, The Women's Law Project, Amicus Curiae, The Keystone Research Center, Amicus Curiae, PathWays PA, Amicus Curiae.

Robert William Pritchard, Esq. , Littler Mendelson, PC, for Appellants.

Adrian Nathaniel Roe, Esq. , Michael D. Simon, Esq. , Roe & Simon LLC, for Appellees.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

In this case, we consider the calculation of overtime compensation for non-exempt salaried workers under the Pennsylvania Minimum Wage Act of 1968 (PMWA), 43 P.S. §§ 333.101-115, and the related regulations adopted by the Pennsylvania Department of Labor and Industry (Pennsylvania...

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