Citing Comcast, Duane Reade Tries To Quash OT Class

By Bill Donahue (April 4, 2013, 9:54 PM EDT) -- Citing the last week's U.S. Supreme Court ruling in Comcast Corp. v. Behrend, Duane Reade Inc. urged a New York federal judge on Wednesday to consider decertifying a class of assistant store managers who sued the Walgreen Co. subsidiary for unpaid overtime.

In mid-March, U.S. District Judge J. Paul Oetken granted class certification to about 750 assistant managers who allege the New York City pharmacy chain willfully misclassified them as exempt from state overtime rules.

But last week, the high court ruled that a class action against Comcast was improperly certified because questions of individual damage calculations would "overwhelm" questions that...

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