Kmart Hit With Overtime Class Action

Law360, New York (May 14, 2009, 12:00 AM EDT) -- Kmart Corp. has been hit with a proposed collective action alleging the discount retail chain failed to pay certain hourly employees proper overtime wages for time they put in past 40 hours a week.

Former employee Nancy Fessler of Harrison, Ohio, filed the suit Wednesday in the U.S. District Court for the Southern District of Ohio. The suit claims Kmart, which is part of Sears Holdings Corp., violated the Fair Labor Standards Act and Portal-to-Portal Act.

Fessler is seeking back wages and liquidated damages for a...
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