Overtime Pay Lawsuit Against Waldbaum's,
A&P and Food Emporium
On June 24, 2004, Lieff Cabraser Heimann & Bernstein, LLP, with co-counsel Outten & Golden, filed a class action lawsuit against The Great Atlantic & Pacific Tea Company, Inc., which operates A&P, The Food Emporium and Waldbaum's supermarkets. The plaintiffs, former employees of the stores, charge that the chains fail to pay employees overtime wages and delete hours actually worked from time records in violation of New York labor law.
Previously, Lieff Cabraser and Outten & Golden represented approximately 900 current and former employees of A&P supermarkets in the greater New York City metropolitan area in a collective action lawsuit in federal court brought under the federal Fair Labor Standards Act. The plaintiffs there likewise sought unpaid overtime compensation resulting from A&P's alleged failure to compensate them for work performed "off-the-clock." In May 2004, the federal court approved a settlement providing $3.11 million to the plaintiffs.
The current suit is brought on behalf of many thousands of current and former Waldbaum's, A&P and The Food Emporium employees throughout New York state. Click to read copies of the Class Action Complaint (the document setting forth Plaintiffs' claims), the company's Answer to the Complaint, or the Judge's July 2007 Order in the case.
Case Status
On July 3, 2007, New York State Supreme Court Judge Herman Cahn entered an Order granting class certification to plaintiffs' claims that A&P systematically denied overtime pay to their hourly employees. On October 31, 2008, the First Department of the Appellate Division upehld Judge Cahn's order.
This Order means that the case will continue on behalf of thousands of cashiers, clerks, bakers, deli, and other hourly-paid workers in New York State who are challenging A&P’s alleged failure to pay overtime betwen 1998 and 2004. The class period -- the time covered by the class action -- is June 24, 1998 to June 24, 2004.
"We are pleased that the Court recognized that the workers' claims against A&P for willfully forcing employees to work 'off-the-clock' to reduce payroll expenditures are suitable for review on a class-wide basis," said Rachel Geman, a partner at Lieff Cabraser Heimann & Bernstein.
Contact A&P Class Action Attorneys
Current and former hourly employees of A&P, The Food Emporium and Waldbaum’s who wish to report their work experiences and learn more about this lawsuit, please click here to contact an attorney.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm with offices in San Francisco, New York and Nashville.
Lieff Cabraser is among the largest law firms in the United States that represents only plaintiffs. Our firm enjoys a national reputation for professional integrity and the efficient and responsible prosecution of our clients' claims. For the last seven years, the National Law Journal has recognized Lieff Cabraser as one of the top plaintiffs' law firms in the nation. We represent employees in cases involving discrimination, unfair labor practices, overtime pay and ERISA violations.
Learn more about Lieff Cabraser.
About Outten & Golden
Outten & Golden enjoys a strong national reputation for representing employees, executives and partners in all areas of employment law. From representing senior executives in contract negotiations to combating worker exploitation and systemic discrimination in class action and impact litigation, Outten & Golden is a recognized leader in the field of employment law. The firm takes great pride in its innovative approach to the practice of law and our firm's focus on protecting and promoting employee rights.
Learn more about Outten & Golden.
Notice
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