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UNFIT FOR CLASS?

j0401126.jpgIn Lamarca v. The Great Atlantic and Pacific Tea Co ., the New York County Supreme Court allowed Benedetto Lamarca -- an employee of a store owned by The Great Atlantic and Pacific Tea Co.(A&P) -- to serve as the representative of a group involved in a class-action lawsuit filed against the company.

Apparently, the company's employees weren't paid for overtime work and all the stores operated under an identical set of policies and procedures which encouraged managers to keep payroll costs down -- a plan which left stores understaffed and pressured employees to work overtime without pay.

The Appellate Division, First Department, didn't buy the company's attack on Lamarca's service as class representative based on the "minor and collateral issue raised." (It saw common issues of "law or fact" applicable to all of the lawsuit's participants.)

Was that "classless" conduct by A&P? AG00298_.gifTo download a copy of the Appellate Division's decision, please use this link: Lamarca v. The Great Atlantic and Pacific Tea Co

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